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Volume IX~\ October, igoj. \_Number i 


\Mx\aw WxtimuiX fktint 


(7 OME forty years ago Thomas Buckle published the famous 
^ work in which he denounced the historical method then in 
use and attributed the failure of historians to raise history to the 
rank of the natural sciences to intellectual inferiority on their part. 
Of the zeal displayed in research and " of the immense value of 
that vast body of facts " that had been brought together Buckle 
had only words of praise. " But if, on the other hand," he went 
on, "we are to describe the use that has been made of these 
materials, we must draw a very different picture. The unfortunate 
peculiarity of the history of man is, that although its separate parts 
have been examined with considerable ability, hardly any one has 
attempted to combine them into a whole and ascertain the way in 
which they are connected with each other. In all the other great 
fields of inquiry the necessity of generalization is universally 
admitted, and noble efforts are being made to rise from particular 
facts in order to discover the laws by which those facts are governed. 
So far, however, is this from being the usual course of historians, 
that among them a strange idea prevails, that their business is 
merely to relate events, which they may occasionally enliven by 
such moral and political reflections as seem likely to be useful." 1 

Buckle believed that "the establishment of this narrow stan- 
dard" had led to results "very prejudicial to the progress of our 
knowledge." He acknowledged that "since the early part of the 
eighteenth century, a few great thinkers " had indeed arisen, who 
had deplored "the backwardness of history," and had done every- 
thing in their power to remedy it. These instances had, however, 
been extremely rare, and it seemed desirable to him that something 

1 Henry Thomas Buckle, History of Civilization in England (2 vols., New York, 
1870,1. 3- 

AM. HIST. REV., VOL. IX. — I. I 

F M. Fling 


should be done "on a scale far larger" than had hitherto been 
attempted, "and that a strenuous effort should be made to bring 
this great department of inquiry to a level with other departments, in 
order that we may maintain the balance and harmony of our knowl- 
edge." He hoped "to accomplish for the history of man some- 
thing equivalent, or at all events analogous," to what had been 
effected " by other inquirers for the different branches of natural 
science. In regard to nature, events apparently the most irregular 
and capricious have been explained and have been shown to be in 
accordance with certain fixed and universal laws. This has been 
done because men of ability, and above all, men of patient, untiring 
thought, have studied natural events with the view of discovering 
their regularity ; and if human events were subjected to a similar 
treatment, we have every right to expect similar results. . . . This 
expectation of discovering regularity in the midst of confusion is so 
familiar to scientific men, that among the most eminent of them it 
becomes an article of faith ; and if the expectation is not generally 
found among historians, it must be ascribed partly to their being of 
inferior ability to the investigators of nature, and partly to the 
greater complexity of those social phenomena with which their 
studies are concerned." He claimed that "the most celebrated 
historians are manifestly inferior to the most successful cultivators 
of physical science : no one having devoted himself to history who 
in point of intellect is at all to be compared with Kepler, Newton, 
or many others that might be named." He added, in a foot-note, 
that he spoke " merely of those that made history their main 
pursuit. Bacon wrote on it, but only as a subordinate object ; and 
it evidently cost him nothing like the thought which he devoted to 
other subjects." ' 

The idea of raising history to the rank of a science by general- 
izing upon the social facts and by establishing laws did not originate 
with Buckle. He had been preceded by Comte, to whom he refers 
as "a living writer who has done more than any other to raise the 
standard of history." Comte, Buckle tells us, " contemptuously 
notices ' l'incoherente compilation de faits deja improprement quali- 
fied <V histoirc' " z 

It is well known that the work of Buckle created a sensation. 
The discussion that it called forth has engaged the attention of a 
generation of scholars. To scientists the claim made by Buckle, 
that history could be made a science only by applying to social 
phenomena the method that had accomplished so much in investi- 

1 Ibid., I. 5. 
l IHd., I. 4. 


Historical Synthesis 3 

gating physical phenomena, appeared almost if not quite axiomatic ; 
to historians it was rank heresy. They not only denied that they 
had anything to do with historical laws, but asserted that such 
things could not be. The arguments made by the historians were 
not convincing. Droysen, in his defense of the historical method, 1 
acknowledged that " our science has not yet set its theory and 
system on a firm footing." " The recognition will not be denied to 
historical studies," he said, "that even they have some part in the 
intellectual movement of our age, that they are active in discovering 
the new, in investigating anew what has been transmitted, and in 
presenting results in appropriate form. But when asked their scien- 
tific justification and their relation to the other circles of human 
knowledge, when asked what is the foundation of their procedure, 
what the connection of their means and their problems, they are, 
up to date, in no condition to give satisfactory information." 

These questions Droysen did not answer in a convincing manner. 
When he asked, " Is there, then, never more than one way, one 
method of knowledge ? Do not its methods incessantly vary accord- 
ing to their objects?", he was touching the root of the whole dis- 
cussion ; but he did not make clear what these methods are that 
give us respectively natural science or history. He claimed that 
the mind " apprehends spatial manifestations as nature and temporal 
occurrences as history ; not because they are so and so distinguished 
objectively, but in order to be able to grasp and think them " ; but 
he offered no satisfactory discussion of the logical difference between 
the synthesis of the natural sciences and of history. He even ren- 
dered the problem more complicated by treating history as a science 
of the moral world. 

The real point at issue — although not fully understood by either 
side in the debate — was a question of synthesis, of what form 
should be given to the facts that had been established as the result 
of the critical work. To improve the work of criticism, to lay down 
axioms for the establishment of the historical facts, would in no wise 
meet the objections of the natural scientist to the method — or the 
absence of method, as he considered it — of the historian. This 
was, however, exactly what Rhomberg hoped to do in his mono- 
graph entitled Die Erhebung der GescJiiclite zum Range einer Wissen- 
schaft} While the work was a valuable contribution to the litera- 

J The discussion of the subject by Droysen is found in the two articles entitled " The 
Elevation of History to the Rank of a Science" and "Nature and History," transla- 
tions of which are appended to the translation, by Dr. Andrews, of Droysen's Grundriss, 
under the title Outline of the Principles of History (Boston, 1893). 

2 Adolf Rhomberg, Die Erhebung der Geschickte zum Range einer Wissenscliaft 
(Leipzig, 1883). Rhomberg chose for the motto of his book, " Erst die Gewissheit 

4 F. M. Fling 

ture of historical criticism, it had no influence, naturally, upon a dis- 
cussion that dealt with the question of historical synthesis. 

Although the natural scientists appeared to have the better of 
the argument — for logic offered no aid to the historian — men did 
not cease to write history in the old way. There seemed to be a 
feeling that even if the historical method could not be justified in 
the eyes of natural scientists, even if it were not scientific, it was 
doing something that needed to be done, and that could not be 
done by the use of the method of natural science. It was notice- 
able, however, that by the side of history was growing up a new 
science, dealing also with the life of man in society, but employing 
the method of natural science and engaged in the search for regu- 
larity and law. This science had accepted the name employed by 
Comte l , and called itself sociology. It even claimed to be the 
science of history that Buckle had hoped to call into being. His- 
tory was simply a work of " erudition " 2 ; the task of the historian 
was to prepare the material from which the laws of the sociologist 
were to be derived. The historian refused, however, to play the 
role of man-servant to the new science, and the discussion lived on 
although conducted with less vigor than in the days of Buckle. 

Some ten years ago, new life was breathed into the controversy 
by Professor Lamprecht of Leipzig. He announced the discovery 
of a new historical method the application of which would give a 

macht die Wissenschaft zur Macht." In his statement of the problem (p. 12) he said, 
" Was nun der Historiker geiviss zu machen hat, das ist eigentlich die Thatsachlichkeit 
des gemeldeten Factums." Certainty concerning the facts of history would, he believed, 
raise history to the rank of a science. The same idea appears in Bernheim, Lehrbuch 
der historischen Methode (edition of 1894), 237. 

1 Paul Barth, Die Philosophic der Geschiclite als Sociologie (Leipzig, 1897), 33, note. 

2 P. Lacombe, De V Histoire Consideree comme Science (Paris, 1894), VII. 3. The 
attitude of the sociologist for a long time — and for the most of them even to-day — toward 
the historical method is well formulated by Lacombe: "Je rapelle en mon esprit la 
definition de la science, et je me dis : Si les hommes, dans leurs actes, dans leur con- 
duite, ont jamais presente quelque similitude, celle-ci pourra faire l'objet d'une proposi- 
tion generale. L'histoire sera une science possible, dans la mesure oil ces similitudes 
s'offriront. Par contre, si l'humanite n'a aucune ressemblance avec elle-meme, si la con- 
duite de chacun des hommes qui ont passe a parfaitement differe de la conduite des autres, 
l'histoire ne sera jamais une science." 

Louis Bordeau, V Histoire et les Historiens (Paris, 1888), I: "L'histoire est toute 
a refaire ou plutot elle n'est pas encore faite. Les fondements memes de la science sont a 
etablir. La construction attend son architecte. A peine peut-on dire que le passe nous 
a legue des materiaux. . . . [One of the conditions of a science is that] les connaissances 
acquises doivent pouvoir etre formulees en lois. . . . [History did not meet this require- 
ment] sa capacite d'etablir des lois, nulle." 

Paul Mougeolle, Les Prob limes de P Histoire (Paris, 1886), 40, in which he con- 
i'l< r, the problems of sociology, assumes that it is a question of either history or soci- 
ology : "On peut dire qu'aucun historien avant Montesquieu, sans en excepter Bodin 
lui-mGme, n'a apercu clairement l'idee de loi." 

Historical Synthesis 5 

" new history." l It was simply the old question of historical syn- 
thesis, this time treated clearly as a question of synthesis. Stripped 
of all its local and temporal peculiarities, it was simply the old 
attempt to raise history to the rank of a science by applying to it 
the method of the natural sciences. The proof of this statement 
would seem to be found in the fact that in spite of his theories Lam- 
precht's history did not differ in form from that of the historians 
that had preceded him, 2 and that if he had applied his theory he 
would have produced a sociology and not a history. It is not my 
purpose to add to the controversial literature that has been pro- 
duced in the discussion between Lamprecht and his opponents. I 
would simply call attention to the fact that Lamprecht asserts that 
the old historical synthesis is unscientific and that there is but one 
scientific method of approach to any subject of investigation. 3 It is 
the purpose of this article to raise a reasonable doubt upon the 
question that has been the whole matter at issue between the his- 
torians and the natural scientists during the last half-century. 

This question that has long divided the world of scholars is evi- 
dently, in the last analysis, a question of logic and of the theory of 
knowledge. It is the question asked by Droysen, but as yet un- 
answered : " Is there, then, neve,r more than one way, one method 
of knowledge ? Do not its methods incessantly vary according to 
their objects ? " To this question the old logic gave no answer, or 
it assumed that there is but one kind of knowledge worth seeking 
and but one method. Logic was under the spell of the natural 
sciences. It had grown up under the influence of the natural 
sciences, it selected nearly all of its illustrations from them, and its 

1 Lamprecht's theory is formulated in Die kulturhistorische Methode (Berlin, 1900), 
and in an article entitled " Uber den Begriff der Geschichte und iiber historische und 
psychologische Gesetze," in the Annalen der Naturphitosophie, Vol. II., No. 2. His- 
tory is "die Wissenschaft von den seelischen Veranderungen menschlicher Gemein- 
schaften " (Die kultttr historische Methode, 15). What is sociology? Science " 1st 
nichts anderes als der Versuch, die Welt der Erscheinungen hoheren Begriffen und 
Begriffssystemen zu unterstellen, als sie die Sprache schon darbietet " (Ibid., 6). Con- 
cepts with general or with individual contents ? Are these " systems " of concepts laws 
or complex wholes? Lamprecht's concepts are evidently concepts with general contents 
(Ibid., 25-29). Lamprecht's distinction between Geschichtsschreibung and Geschichts- 
wissenschaft is evidently the same thing as history and sociology (Ibid., 35). 

2 " Meine Deutsche Geschichte ist das erste historische Werk, das nach den Begriffen 
solcher Kulturzeitalter disponiert ist und damit die Entwicklung des deutschen Volkes 
nach den Forderungen der kulturhistorischen Methode darstellt " (Ibid., 26). That 
there is any logical difference between the method employed in writing the volume of this 
history devoted to the German Reformation and the method employed by Ranke in deal- 
ing with the same subject is not clear to the uninitiated. 

3 In both the articles referred to above he traces the history of the development of 
the sciences and endeavors to make clear why historical science has not kept pace in its 
development with the natural sciences. 

F M. Fling 


general theories were constructed upon a natural-science basis. l It 
had not, for the most part, occurred to the modern logician that 
there could be any other point of view. When the natural scientist 
asserted that the method of the historian was illogical, he was 
speaking by the book ; logic bore him out. If, now, logic should 
free itself, should discover that the method is determined by the end ; 
that there is no one method that can give us the whole truth ; 
that there are some things that we want to know, that we have a 
right to know, and, that cannot be discovered by the method of 
natural science, then historical science would come at last to a con- 
sciousness of its method and would be able to justify its procedure. 
While Lamprecht was congratulating himself that the new school 
of historians had driven the old school from the field or had left to 
them the pursuit of something that could not logically be called a 
science, 2 this long domination of the natural-science method in logic 
was coming to an end and the foundation upon which he had built 
up his theories was being undermined. As early as 1888, in his 
study Zur Lehre von der Definition, Rickert had attacked the idea 
of a universal natural-science method and had sought to show " how 
meaningless the theory is in accordance with which the common 
elements of things are identical with the essential characteristics of 
their concepts." " It had become clear to me," he wrote later, 
" that there is always need of a definite object by means of which 
the essential characteristics may be separated from the unessential ; 
and that, in theories of methods, the important thing is to become 
acquainted with these various objects in order to understand and do 
justice to the manifoldness of scientific methods." 3 In the same 
year appeared the treatise by Naville entitled De la Classification des 
Sciences, in which he arranged the sciences in three groups : the 
first, entitled " histoire," comprised the sciences of the reality ; the 
second, or " theorematique," dealing with what might be called the 
natural sciences, he characterized as "the sciences of the necessary 

1 Wilhelm Windelband, Geschichte und Naturwissenschaft (Strassburg, 1900, zweite 
Auflage), 13, 14. 

2 " Die Geschichtsj^miww^- bleibt nach wie vor ein kiinstlerisches Geschaft, denn 
sie wirkt auf die Anschauung und beschaftigt sicli gewohnlich mit dern was an den ge- 
schichtlichen Vorgangen als singular erscheint" {Die kulturhistorische Methode, 35 ). It 
isclearfrom Professor Dow' s article on " Features of the new History " (American His- 
TOHICAL Review, April, 1898), in which he makes a synthesis of Lamprecht's ideas as 
found in his different pamphlets, that the "old method," largely outgrown, is being 
rapidly replaced by the "new method," based upon psychology and seeking for the 
"typical stages" in social development. "Whatever the rational has not yet con- 
quered " is left to those " who see at the basis the singular, not the regular." 

'■'• I feinrich Rickert, Zur Lehre von der Definition (Freiburg i. B., 1888). The quo- 
tation is from the I'onvnrt to Die Crenzen der naturwissemchaftlichen Begriffsbildung. 

Historical Synthesis 7 

conditions of the possible, or the sciences of law." ' Simmel in 
1892 declared that " In so far as it is the affair of historical science 
to describe what has actually occurred, in that it is above all things 
the science of reality, it stands in the sharpest imaginable contrast 
to all sciences of law." 2 Finally in 1894 Windelband, 3 rejecting 
the common division of the sciences into NatnrwissenscJiaften and 
Geisteswissenschaften, and adopting as the principle of division the 
end aimed at, proposed the classification sciences of law and sciences 
of events, or in other words, natural science .and history. Two 
years later Rickert published the first part of his work Die Grenzen 
dcr naturwissenschaftlichen Begriffsbildung.* It was the negative 
portion of his treatise, and I shall deal with it in connection with 
the positive treatment of the theory that appeared in 1902. 

All of these conceptions of the relation of natural science to 
historical science had much in common, and testified to a coming 
change in the conception of the logic of the sciences. The litera- 
ture of the discussion was enriched in 1899 by two important con- 
tributions, one by a psychologist, Miinsterberg, 5 the other by an 

1 Rickert, Die naturwissenschaftliche Begriffsbildung, 299. Naville's monograph is 
out of print and I have been unable to obtain a copy of it. In 1901 M. Naville reprinted 
his work under the title NouvcUc Classification des Sciences. He there defines history 
as the " science des realites diverses dans l'espace et changeantes dans le temps " ( Berr 
in Revue de Synthese Historiqite, June, 1902, 294). Berr notes " une tendance crois- 
sante a faire d'une definition de l'histoire la base de la classification des sciences" ( Ibid.), 

2 Georg Simmel, Die Probleme der Geschichtsphilosopliie (Leipzig, 1892), 43. 

3 Wilhelm Windelband, Geschiclite und Natitrwisscnschaft, 16-19. 

4 The first three chapters of the work appeared in 1896, the last two in 1902. The 
chapters and their subdivisions are as follows.: I. Die begriffliche Erkenntniss der 
Korperwelt. ( I ) Die Mannigfaltigkeit der Korperwelt und ihre Vereinfachung durch 
die allgemeine Wortbedeutung. (2) Die Bestimmtheit des Begriffes. (3) Die Geltung 
des Begriffes. (4) Dingbegriffe und Relationsbegriffe. (5) Die mechanische Natur- 
auffassung. (6) Beschreibung und Erklarung. II. Natur und Geist. (1) Physisch 
und Psychisch. (2) Die begriffliche Erkenntnis des Seelenlebens. (3) Naturwissen- 
schaft und Geisteswissenschaft. III. Natur und Geschiclite. (1) Die naturwissen- 
schaftliche Begriffsbildung und die empirische Wirklichkeit. (2) Der Begriff des His- 
torischen. (3) Die historischen Bestandtheile in den Naturwissenschaften. (4) Natur- 
wissenschaft und Geschichtswissenschaft. IV. Die historische Begriffsbildung. (1) 
Das Problem der historischen Begriffsbildung. (2) Das historische Individuum. (3) 
Die- teleologische Begriffsbildung. (4) Der historische Zusammenhang. (5) Die ge- 
schichtliche Entwicklung. (6) Die naturwissenschaftlichen Bestandtheile in den his- 
torischen Wissenschaften. (7) Geschichtswissenschaft und Geisteswissenschaft. (8) 
Die historischen Kulturwissenschaften. V. Naturphilosophie und Geschichtsphilo- 
sopliie. (1) Die naturalistische Geschichtsphilosopliie. (2) Die empirische Objek- 
tivitat. (3) Die metaphysische Objektivitat. (4) Der erkenntnisstheoretische Subjek- 
tivismus. (5) Die kritische Objektivitat. (6) Naturwissenschaftliche und historische 

5 Munsterberg's paper was read before the American Philosophical Society, and 
appeared in the Psychological Review (January, 1899). The title was " History and Psy- 
chology." It was reprinted in 1899 as chapter five, or as the fifth paper, in Psychology 
and Life. 

8 F. M. Fling 

historian, Xcnopol. 1 Miinsterberg, wishing to free psychology from 
the danger of a too intimate association with history, attempted a 
new classification of the sciences that he might assign to each its own 
province. While he declared himself in sympathy with the effort 
of German logicians to separate psychology from history, and 
looked upon such " logical separation as a liberating deed," he con- 
sidered the arguments that had led to this separation "mistaken 
and untenable in every respect." He asserted that the difference 
between psychology .and history is " not in the kind of treatment, but 
in the material itself", psychology dealing with objects, history with 
subjective will-attitudes. He formed four groups of sciences cor- 
responding to four groups of facts in reality : 

We have the science of the over-individual objects, that is, physics; 
secondly, the science of the individual objects, that is, psychology ; 
thirdly, the sciences of the over-individual will-acts, that is, the norma- 
tive sciences ; and last, and not least, the sciences of the individual will- 
acts, that is, the historical sciences. Physics and psychology have thus 
to do with objects ; history and the normative systems, ethics, logic, 
esthetics, deal with will-acts. Physics and history have thus absolutely 
different material ; the one can never deal with the substance of the 
other, and thus they are separated by a chasm, but their method is the 
same. Both connect their material ; both consider the single experience 
under the point of view of the totality, working from the special facts 
towards the general facts, from the experience toward the system. 

Elsewhere in the same article Miinsterberg states that history as 
distinguished from psychology has nothing to do with causal con- 
nections : 

The manifoldness of will-acts, the totality of which forms my real 
personality, thus refers in every act to the will-acts and attitudes of other 
subjects which I acknowledge or oppose, imitate or overcome. These 
demands and suggestions of others are not in question in my life as 
causes or partial causes of my will ; they have not to be sought in the 
interest of a causal connection ; they are merely conditions which I as 
subject of attitude and acts presuppose for my free decision, and which 
are logically contained in it ; the connection is, therefore, not a causal, 
but merely a teleological one. The endless world of will-acts which 
stands thus in teleologically determining relation to our will-attitudes 
forms the only material of history. 

As the practice of the historian does not agree with the logic of 
the method as Miinsterberg has formulated it, he criticizes the 
practice : 

A history which interprets subjectively and understands their pur- 
poses out of the deeds of men relinquishes, indeed, its only aim if it 
coordinates these teleological relations with the causal explanation of 
human happenings from climatic and geographical, technical and eco- 
nomic ;il, physiological and pathological influences. The subject which 
is determined by purposes is free ; the action which is the effect of causes 
is unfree. 

1 A. I). Xcnopol, Les Principes Fondamentaux de V Histoire (Paris, 1899). 

Historical Synthesis 9 

When Miinsterberg wrote this paper the second part of Rickert's 
work had not appeared and a clear understanding of Rickert's logic 
of the historical method was not possible. I shall refer to Munster- 
berg's theory again in presenting the outline of Rickert's logic. 

The point of view of Xenopol in Lcs Principes Fondamentaux dc 
V Histoire is closer to that of the first group of writers and agrees, 
for the most part, with the teachings of Rickert. All phenomena 
he divided into two classes, coexistent facts, afterwards called re- 
peated facts, and successive facts} The natural sciences deal with 
the former, the historical sciences with the latter. In a review of 
Rickert's volume in 1902 Xenopol formulated the substance of his 
theory of the historical method : 

History deals only with phenomena individualized by time, that is 
to say, those that are produced but once in the course of the ages ; such 
a conception could not furnish opportunity for the formation of notions 
of law, but only for that of unique and particular series ; causality can 
only assume (in history) the same serial form and not that of repetition 
under the form of laws independent of time ; this conception applies as 
well to the history of the human mind as to that of the earth and organ- 
isms ; it is not in applying to history the method of the natural sciences 
that this discipline will be raised to the rank of a science, but it is neces- 
sary, on the contrary, to complete the logic of repetition by that of suc- 
cession. 2 

Xenopol's work was valuable and interesting, but his formula- 
tion of the logic of historical method was not sufficiently definite. 
Are all successive facts historical facts ? If not, by what means do 
we distinguish the essential, or historical successive facts, from the 
unessential ? Xenopol did not answer that question. 3 More than 
that, two kinds of phenomena certainly do not exist. Repeated 
facts and successive facts are simply two points of view, all the facts 
of reality being unique and unrepeated. Failing to see that succes- 
sive facts might also be repeated facts, if the unique in several series 
be eliminated, leaving only what is common in the succession, he 
denied the possibility of formulating sociological laws. 

Rickert's complete treatise, containing both the negative portion 
of the theory that had appeared in 1 896 and the new positive por- 
tion, was published in 1902. It was the first detailed attempt to 
formulate the logic of the historical method. Whatever may be the 
final judgment of logicians upon his theory, it is a serious piece of 

1 In the first chapter, " Les Phenornenes Coexistants et les Phenomenes Successifs," 
Xenopol presents his theory of the classification of the sciences. His most important 
contribution to the theory of historical synthesis is in chapters ten and eleven, where he 
deals with the historical series and causal connection. 

2 Revue de Synthase Historique (June, 1902), 292. 

3 See Rickert's criticism of this point in Die Grenzen der naturwissenschaf (lichen 
Begriffsbildung, 450. 

io F. M. Fling 


work and must be taken seriously. 1 It is not the outcome of the 
Lamprecht discussion, the theory having been conceived and partly 
formulated before any such discussion existed. It is likely to trans- 
form the old logic and, supplying a scientific basis for the methods 
of history and of natural science, put an end to a discussion that has 
lasted long and has been largely due to a mutual misunderstanding. 
There would seem, then, to be sufficient reasons for calling the at- 
tention of historians to the outlines of Rickert's logic of the histor- 
ical sciences. 

The attempt to formulate the logic of the historical sciences was 
the natural result of the conclusion reached by Rickert in 1888, that 
the object of a science determined what its method should be. 2 
Unable to see how there could be a universal method, he naturally 
rejected the claims of universal applicability made for the method of 
the natural sciences. Instead of proceeding directly to formulate the 
logic of the historical sciences, he decided to clear the ground by de- 
termining the limits of the application of the natural-science method, 
or in his language, the limits to the formation of natural-science con- 
cepts. What the method of the natural science could not do must 
be done, clearly, by some other method. The problem was not one 
of research, but of the formulation of the results of research. 3 

1 Lamprecht [Die kullnrhistorisehe Metlwde, 24), while discussing the logic of the 
historical method, makes the following reference to Rickert's scholarly work : " Freilich 
kann man der Ideenlehre noch von einer anderen Seite zu Hilfe kommen. Man kann 
dogmatisch erklaren, die singulare Seite der Vorgange sei in der Geschichte unter alien 
Umstanden die wesentliche ; da ihr Erfassen nur auf dem Wege der Idee erfolgen konne 
und die Ideen die Annahme einer historischen Kausalitat ausschlossen, so sei eben die 
gewohnliche herkommliche Logik, welche auf dem Kausalitatsgesetze beruht, fiir die 
Geschichte nicht anwendbar, und es musse deshalb deren Giiltigkeit bestritten und eine 
neue, der Geschichte in Singuliirauffassung und damit alien Geisteswissenschaften genii- 
gende Logik erst erfunden werden. Diesen Ausweg hat neuerdings ein Philosoph in der 
That vorgeschlagcn ; er braucht wohl nicht erst kritisiert zu werden." Certainly even if 
trie book " does not deserve to be criticized," it deserves to be read carefully enough so 
that its contents may be correctly stated ! 

2 In his monograph Zitr Lehre von der Definition, 28, 29, Rickert expressed him- 
self as follows: "Jede Wissenschaft hat vielmehr ihre eigene Methode, die sie sich 
selbst schafft, und die ihren Zielen und Absichten angemessen sein muss. Und wie wir das 
menschliclie Denken nur aus dem Zwecke heraus verstehen konnen, dass es die Wahrheit 
linden will, so werden wir auch die Methoden der einzelnen Wissenschaften nur aus ihren 
speciellen Xwecken heraus begreifen. Wir miissen daher, urn zu verstehen, was wesent- 
liche und unwesentliche Merkmale sind, einzelne Wissenschaften gesondert betrachten. 
Fiir eine Universalmethode wiirde allerdings alles in der Welt gleich wesentlich sein. 
I'iir die Methode einer Sonderwissenschaft, die sich eine beschrankte Aufgabe stellt, 
komml nur ein Theil des Weltganzen in Betracht, und die Unterscheidung des Wesent- 
lichen und Unwesentlichen ist gar nicht zu umgehen. Ein Kriterium fiir die Unter- 
scheidung kdnnen wir natttrlich wieder nur aus der Aufgabe gewinnen, welche eine 
Wissenschaft stellt." See also ibid., 39. 

3 The fact that it is a problem of the Anffasning, or synthesis, with which we have to 
do, of the way in which the facts are put together, and not criticism, the way in which 

Historical Synthesis 1 1 

What, then, is the end of the natural sciences, or what is the 
task of the natural-science concept, and how is this end attained ? 
The world of reality is manifold, endless in extent, and infinite in 
variety. To enable a finite mind to comprehend this reality some 
method of simplification is indispensable. The task of the natural- 
science concept is found in this attempt to overcome the extensive 
and intensive manifoldness of things for the purpose of attaining a 
scientific knowledge of the reality. The means for the accomplish- 
ment of this task are found already existent in the language of 
every day. The employment of terms, or concepts, to indicate 
what is common to a number of objects is a process of simplification 
and the beginning of the natural-science method. But in the com- 
mon language these general terms are inexact and need to be 
modified somewhat before they can serve a scientific end ; they 
must be not only general, but definite and universally valid. Their 
indefiniteness is due to the difficulty of separating general terms from 
special associations ; this is overcome by definition and by the sub- 
stitution of concepts of relations for concepts of things, indefiniteness 
being largely associated with concepts of things from which it is 
practically impossible to eliminate all traces of the perceptible re- 
ality. In pursuit of its ideal the natural-science method, striving 
to become ever more exact, transforms the concepts of things ever 
more into concepts of relations, until in the most highly developed 
form of natural science the thing has become a final thing, an atom. 
In mechanics we have the natural-science conception of corporeal 
nature. " Natural science teaches that the reality that presents itself 
to us as so endlessly manifold is at bottom always and everywhere 
the same. All variety and all change rest upon the movement oi 
an unchangeable elementary substratum in space." l Just as me- 
chanics works with final, imperceptible things called atoms and 
with a law of motion, so psychology for the world of mind deals 
with simple sensations — things that do not exist in reality — and 
the law of association. But the attainment of the ideal of the natural 
sciences does not depend alone upon the elimination of the per- 
ceptible from the concept, and the transformation of concepts of 
things into concepts of relations ; it depends also upon the assump- 
tion that what is found to be true for a part of the reality is true for 
the whole of reality, in other words, that the concepts of natural 
science are universally valid. 

we determine what the facts are, is an indication that the historian is progressing in the 
consciousness of his method. Henristik and criticism do not enter into the discussion. 
So much has been won. This discussion will leave us with a clearer idea of what 
synthesis is. 

1 Rickert, Die Grenzen der naturwissenschaftlichen Begriffsbildung, ico. 

i2 KM. Fling 

The logical sense of the term nature, then, in the expression 
natural science, is not the reality per se, but the reality interpreted, 
looked at from the point of view of the general or universal. The 
more successful the method is in formulating general concepts, or 
laws, and in combining these laws into systems, the nearer it ap- 
proaches to its ideal, but, at the same time, the less this system contains 
of the perceptible reality. In the interest of exactness, the natural- 
science method endeavors to eliminate this disturbing element as 
much as possible from its concepts, but into many of the natural 
sciences there enters a large historical element that interferes with 
the attainment of the ideal. In mechanics it is entirely absent, but 
it appears in physics, and increases as we pass through chemistry 
and biology to sociology. The physicist assumes the existence of 
light, heat, and sound, but it might well be asked, when and where 
did light first appear? Naturally this is a problem that, on account 
of lack of evidence, will never be solved, but the historical question 
of the origin of the chemical elements is one that can be treated 
and has already been treated. The presence of the historical ele- 
ment in the material that the natural scientist deals with does not 
modify the point of view in his work nor the application of the 
method. Whether it be the reality of social life, of organic life, of 
chemistry, or of physics, he always regards it from the point of view 
of the general ; and his generalizations are valid for the portion of 
the reality with which he deals. As he passes from a narrower to 
a broader field, his laws are valid for more and more of the reality, 
but what they gain in comprehensiveness they lose in content. Al- 
though the laws or concepts of natural science assume the exis- 
tence of the reality for which they are valid, the unique reality en- 
ters into its system only by way of example ; and natural science, 
which aims to comprehend the reality under the point of view of the 
general, has no interest in the unique reality as such. No single 
event and no single series can be inferred from natural-science con- 
cepts that take cognizance only of the general. " We know that a 
certain seed brought to a certain place is fruitL. ; and we know that 
there are birds and insects that carry it ; but that to exactly this 
place a bird or insect will bring this seed no natural scientist can 
foresee." ' As natural science cannot foresee a unique event, no 
more can it tell us of the unique past. " Law has an ideal char- 
acter, no bridge leads from it to the tangible reality." 2 As long as 

1 Richard M. Meyer, " Uber die Moglichkeit historischer Gesetze," in Historische 
Vierteljahrschrift (April 14, 1903), 165. All that Meyer writes about the possibility 
of historical laws would be admitted as applying to sociological laws. 

z Simmel, Die Probleme der Geschichtsphilosophie, 42. 

Historical Synthesis 1 3 

its aim is to simplify the reality in order to comprehend it ; as long 
as it works with what is common to a number of objects and not 
with what is unique ; as long as it is forced to eliminate the perceptible 
in the interest of exactness, since the reality is unique and perceptible, 
it is evident that the nearer the natural-science method is to its ideal, 
the farther it is from the perceptible reality. The limit, then, to the 
formation of natural-science concepts is the unique and perceptible 
reality itself. If we desire to become acquainted with the unique 
and perceptible reality, we must use some other method than that 
of the natural sciences. That method is the method of the his- 
torical sciences. 

The entire empirical reality (psychical as well as corporeal ) can be 
regarded from a point of view entirely different from that of nature. It 
becomes nature when we consider it from the point of view of the general ; 
it becomes history when we regard it from the side of the particular. 
Every empirical science must set out from the directly experienced reality. 
The most general distinction in methods is to be sought in what the dif- 
ferent sciences undertake to do with this reality, that is, it depends on 
whether they seek the general and the unreal (meaning that which cannot 
be perceived) in the form of a concept (or law), or the reality (the per- 
ceptible) in the special and individual. To natural science falls the one 
task, to historical science the other. 1 

The reality is unique. Nothing repeats itself and no two things 
are exactly alike. It is with this unique reality that historical 
science has to do. It cannot comprehend its endless and infinite 
manifoldness any more than the natural sciences were able to do, 
but it can comprehend a portion of the reality that could not be 
comprehended by the other method ; it can present something of 
the uniqueness of the reality and at the same time retain something 
of its perceptibility. It must simplify in order to comprehend, but 
it must simplify in a different manner from the natural sciences. It 
finds a starting-point in life just as the natural-science method did. 
Besides the common names, in the vulgar speech, it encounters 
proper names, terms applied to unique individuals ; it is a beginning 
of simplification. Not all unique things can enter into the historical 
sciences. How shall the essential be distinguished from the unes- 
sential ? It is the problem of the formation of the historical concept. 

But concept suggests generalization, generalization suggests law, 
and the seeming impossibility of any other method than that of the 
natural sciences confronts us at the very beginning of the investi- 
gation. The difficulty is not so serious as it seems. We cannot 
think, it is true, without the use of general terms (such as man, 
king, war, peace), and these terms must be combined to form con- 
cepts, but not all concepts are concepts with general contents ; gen- 

1 Rickert, Die Grenzen der 'lichen Begriffsbildung, 255. 

14 KM. Fling 

eral terms may be so combined as to give a concept with a unique, 
individual content. "Some men possess military genius" and 
" Napoleon possessed military genius " are both concepts, both con- 
tain general terms, but the introduction of the proper noun into the 
last sentence makes out of it a concept with an individual content, 
stating what was true of but one man in all the past. There have 
been many military geniuses, but there has been but one Napoleon 
who was a military genius. Concepts without proper names may, 
also, have individual contents. 

It is not, however, yet clear what the bond is that binds the ele- 
ments of the historical concept together. It cannot be simply the 
unique and individual that leads us to select one fact rather than 
another for our historical synthesis, for all facts and all things are 
individual, a piece of coal being as individual and unique as a Kohi- 
noor diamond. Its uniqueness must be bound up with its indivisi- 
bility or unity. The unity of a piece of coal matters little, that of 
the Kohinoor diamond everything. It loses its uniqueness with 
its unity. The same is true of a piece of canvas and a head by 
Titian, a piece of clay and a Sevres vase. The unity of the object, 
then, has value for us. We have to do here with a question of 
value, with a standard. Every object in the reality is complex and 
may attract the attention of the scientist either because of charac- 
teristics that it has in common with other objects or because of its 
unique traits. If the value of an object is due to what is unique in 
it, it certainly cannot enter into a general concept. Moreover, in 
describing it the scientist may note only those characteristics upon 
which its uniqueness and consequently its unity rest. 

We thus reach the method of simplification applied by the his- 
torian : he chooses from the endless number of individuals those 
that are valuable because they are unique, whose uniqueness is in- 
separable from their unity, and that thus have an importance be- 
cause their loss or destruction would be irreparable. Our interest 
in an iron band is not historical ; our interest in the iron crown of 
Lombardy is. To overcome the infinite manifoldness of the individual 
object the historian selects only those features of the object that are 
distinctive of it, that mark its unity and render it valuable. 

The use of the word value seems to introduce an uncertain and 
arbitrary clement into the problem. Valuable for whom ? How 
can there be any agreement among historians touching what unique 
facts shall be chosen ? Will the history of the Reformation writ- 
ten by a Catholic resemble that written by a Protestant? Will the 
opponents of the French Revolution select the same facts for their 
synthesis as have been selected by the supporters of it ? Undoubt- 

Historical Synthesis 1 5 

edly, if they proceed scientifically. The question of value is not a 
question of partizanship nor of approval or disapproval ; it is a ques- 
tion of importance. Is this fact important for the history of the 
Reformation ? Is an account of the Reformation intelligible with- 
out it ? The Protestant may love Luther, the Catholic may hate him, 
but they would agree that Luther is important for the history of the 
Reformation. This question of values is not decided by popular 
vote, by the man upon the street, any more than the laws of nat- 
ural science are settled by careless, unscientific inference. They are 
the result of careful study and persistent discussion among scientists. 
The progress in historical synthesis means a growing agreement 
among scientific historians touching the important facts of this or 
that period. The historical method is thus teleological in a certain 
sense. The subject of an historical investigation is a unique thing, 
the life of an historical personage, a battle, an economic crisis, a 
period in the life of a people. It forms a unit and its value depends 
on its unity. It has beginning and end. We know what the end 
was, and we wish to know what the chain of events was that led up 
to the final event. We seek such facts, to be wrought up into a 
synthesis, as may be necessary to show how the end was attained. 
The unique individuals with which the historian works are not 
necessarily persons nor are they single events ; they may be the life 
of a people, the evolution of European society, the evolution of 
world society, the evolution of the visible universe. Moreover, 
these individuals are not isolated facts. Only art treats isolated 
individuals, and history is not art. 1 It deals with a related body of 
truth ; and each of its unique individuals, each of its units, is part 
of a larger individual or unit and can be understood only when 
treated in relation to a larger whole. The Protestant Reformation 
is intelligible only when treated as a part of that larger whole that 
embraces the entire reform movement in the Latin church in the 
fourteenth, fifteenth, and sixteenth centuries ; again, the history of 
the Reformation as a whole must be treated as a part of the whole 
history of the church, embracing the Eastern and Western churches, 
or it may be looked upon as a part of the historical life of Europe. 
The smaller unit is always related to a larger one until the limits of 
the visible universe are reached, for history deals with the whole of 
reality. This is the common practice of trained historians to-day, 
and yet they have been charged with dealing with isolated facts. 
Munsterberg confounded the formation of larger and larger general- 
izations, after the manner of natural science, with this grouping of 

'Jonas Cohn, Allgemeine Asthetik (Leipzig, 1901), 35, 36; Munsterberg, Psy- 
chology and Life, chapter entitled " Psychology and Art," 145-178. 

1 6 F M. Fling 

unique facts into larger and larger wholes. The difference is an 
important one and is the second point of difference between the two 
methods. In the selection of the elements for its synthesis, natural 
science chooses what is common to a number of facts ; historical 
method selects what is important for the whole. What Luther has 
in common with other Germans might be important for the sociol- 
ogist ; it would not be for historians. It was just the thing that 
was unique in Luther, that distinguished him from other Germans, 
that rendered him important for the Reformation and for the whole 
subsequent life of Germany, that makes him an historical character. 
In the second place, the synthesis of natural science differs from that 
of historical science in that the former treats the individual fact as 
an example under a law, while the latter treats it as a complex part 
of a complex whole. In natural science, the more comprehensive 
the generalization, the thinner its content ; in historical science, the 
larger the concept, so much the richer it is. The whole Reforma- 
tion is more complex and richer in content than any of the parts 
of the Reformation in Germany, Switzerland, France, Spain, or the 
Netherlands, because it embraces them all. Furthermore, it should 
not be forgotten that while the whole is more complex and richer 
in content than any of its parts, the part retains its individuality and 
does not simply appear as the illustration of a law. If Buckle could 
discover no logical synthesis in the works of such a man as Ranke, 
it was because he was blind to every form of synthesis but that of 
natural science. When Miinsterberg asserts that " Every science 
considers the single facts in their relations to other facts, works 
toward connections," he is simply stating what has always been the 
practice of historians ; but when he adds "towards generalities," he 
is stating what is not the practice and what could not be the practice 
if history is to remain history. His failure to note that the relation 
of the fact to other facts is not necessarily that of an example under 
a law, of a less abstract thing to a more abstract, but may be that 
of a complex part to a complex whole, leads him to the illogical 
conclusion that the method of natural science does not differ from 
that of historical science. 

Not only does historical science select the facts important for 
the whole, instead of those common to all ; not only does it treat 
these units as parts of a complex whole instead of examples under 
a law ; but it traces the causal connection between the facts. How 
can it trace causal connection without discovering laws and thus 
applying the method of the natural science ? The confusion here 
is due to another misunderstanding as fundamental as those touch- 
ing the selecting and grouping of the facts. Causality as a principle, 

Historical Synthesis i 7 

namely, that there is no effect produced in the empirical reality 
without a cause, has been treated as synonymous with natural law, 
that is, that the cause is equal to the effect. From one point of 
view, the cause is always equal to the effect ; it is the point of view 
of natural science and is true only when we have eliminated what is 
unique from the series. From another point of view, the cause is 
never equal to the effect ; it is the point of view of historical science. 
In the first case we speak of causal law ; in the second, of causal 
connection. The points of view are complementary. I describe 
the battle of Waterloo and trace the causal connection up to the 
great disaster ; I may find small causes producing big effects ; it is 
the truth from one point of view. It cannot be denied that the 
natural-science method may be applied to the study of the material 
from which I constructed my historical synthesis, and may produce 
something quite different. Neither synthesis is false. The points 
of view are different ; that is all. Because paper may be used for 
writing a letter does not debar us, on an occasion, from using it to 
light a fire. 

The logic of the historical concept is not yet complete. History 
deals with the reality, and the reality is ever in motion. Our concept 
must be enriched by the idea of evolution. The expression has 
many meanings ; it is necessary to fix upon one of them as con- 
taining the historical idea. Historical evolution means not simply 
motion, nor change, but a change that is unique and is important on 
account of its uniqueness. Motion and change, being common to 
all reality, cannot be the forms of evolution that we are seeking for. 
Natural science may treat of changes that are repeated and may 
formulate the laws of change. Sociology, dealing with social data 
from the point of view of the general, may trace the general process 
of social evolution, deriving its generalizations from several series 
of social changes. But a change that is historical must not only 
be unique, one that has never appeared before and can never appear- 
again in our world, but it must be important ©n account of its new- 
ness. The evolutionary series that the historian constructs is teleo- 
logical ; it has a well-defined beginning and end, and passes through 
certain definite stages ; each stage is important per se, and the indi- 
vidual facts are important because they contributed to a certain 

There are two peculiarities of the absolute historical concept 
that still remain to be noticed. The natural-science concept is 
rendered definite by eliminating, as much as possible through defi- 
nition, the perceptible that clings to the concept. The historica 
method, whose aim it is to keep as close as possible to the percep- 

AM. HIST. REV., VOL. IX. — 2. 

1 8 F M. Fling 

tible reality, cannot employ this method. It renders its concept 
definite by producing a clear image of the person or event that it is 
treating. It often uses for this purpose more material than appears 
to be logically necessary. The historian, to make definite the con- 
cept of Luther, of Napoleon, or of Bismarck, of the Diet of Worms, 
the retreat from Moscow, or the crowning of the Prussian king at 
Versailles, uses such material as may be necessary in his judgment 
to render perceptible the uniqueness of the person or the event. It 
is this end in view that justifies the description of personal traits, 
the reproduction of characteristic sayings, and of photographs of 
persons and places. The second peculiarity is encountered in the 
treatment of causal connection. 

Every actual evolutionary series forms a continuous whole, but if it 
is divided into definite, teleologically essential stages, the gradual transi- 
tion from stage to stage is destroyed. A science of the reality cannot 
permit such gaps to exist, but must fill them out with causal beginnings, 
that the various stages may be at the same time teleologically distinct 
and causally connected with one another. Everywhere where this is 
necessary, constituent parts of the reality become essential that are not 
teleologically necessary. 1 

This accounts for the appearance of secondary persons and 
events. In the interest of causal connection the writer of an his- 
torical biography may and does introduce secondary individuals and 
events, simply in the interest of causal connection or explanation. 

The form of the absolute historical concept is now complete. 
In forming his concept the historian employs general terms, but he 
combines them to form a concept with an individual content ; the 
natural scientist forms concepts with general contents. The his- 
torian selects unique objects, important for the whole that he is 
treating, and selects the features of the object that render it impor- 
tant for the whole group ; the natural scientist selects the features 
that are common to all the members of a group. The historian 
combines his unique, complex individuals into ever larger and more 
complex wholes, rendering them definite by retaining as far as pos- 
sible their perceptible characteristics, and tracing the causal connec- 
tion ; the natural scientist forms his concepts into systems that are 
ever more comprehensive and consequently less complex or more 
abstract, and seeks for natural laws in which the cause is treated as 
equal to the effect. The natural scientist deals with the changing 
reality, but with changes that repeat themselves and thus render 
generalization possible; the historian deals with a unique teleological 
series with definite parts, but bound together in the interest of 
causal connection by elements that are not teleologically essential. 

1 Rickert, Die Grenzen der naturwissenschaftlichen Begriffsbildung, 474. 

Historical Synthesis 1 9 

Were we permitted to deal solely with the absolute concepts in 
natural science and in historical science, the misunderstanding 
between the two groups of scientists would be of but short dura- 
tion. Unfortunately for the peace of mind of truth-seeking men, 
there are also relative historical concepts ; and, more unfortunately 
still, a relative historical concept does not differ in form from the 
relative concept in natural science, or the concept that is valid only 
for a portion of the reality. To render the situation even more 
confusing, it is possible to have a historical concept that is more 
comprehensive than a scientific concept. This fact would seem to 
point to the unsoundness of the claim of the historian to the pos- 
session of a method logically different from that of the natural 
scientist. Every historical narrative contains concepts made up of 
elements that are common to a group of objects. The description 
of the condition of the French army on the eve of the Franco- 
Prussian war, of the German peasants in the time of Luther, of the 
French peasants under the old regime, deals with a group and 
forms a concept from what is common to a group and seemingly 
forms a general concept. This fact does not, however, change the 
logic of the historical method. The resemblance between the two 
methods is superficial. Just as the natural-science method, although 
dealing with a limited portion of the reality, into which the historical 
element enters, regards it from the point of view of the general 
and forms concepts valid for all the reality under investigation, so 
the historical method treats its large groups as unique, complex 
wholes and selects only such features of the groups as may be suf- 
ficient to characterize it. The aims are different ; one concept is 
relatively general, the other is relatively individual. To base a 
logic of historical method upon concepts with general contents 
would be impossible, as there is no means of knowing before in- 
vestigation whether the historically important in a certain portion of 
the reality can be exhausted by relative historical concepts. 

Rickert does not conclude his treatise with the discussion of the 
logic of the form of the historical concept. He devotes a chapter 
to the content of the concept, for the purpose of making clear why 
man is the center of all historical syntheses and why the values 
with which the historian deals are culture or social values. He 
goes even further, and realizing that the question may be and has 
been raised as to whether history, even if it be a science, may make 
the same claims to objectivity as natural science, he turns in the 
last chapters of his book to the consideration of this problem and 
shows that the apriori of natural science outnumber those of his- 
torical science. 

20 F. AT. Fling 


The compression of the arguments of a closely-reasoned work 
of seven hundred and forty pages into a score of pages is a thank- 
less task and can never serve as a substitute for the original work ; 
it can give little more than conclusions. The arguments justifying 
these conclusions must be sought in the work itself. It is no new 
method that Rickert has given ; he has endeavored to show that the 
method that the historian has always employed and employs to-day 
is the logical one for him to use for the attainment of the end that 
he has in view ; he shows, furthermore, that that end is justifiable 
and history is even more empirically objective than natural science. 
As social facts are a part of the empirical reality, he shows that a 
natural-science point of view is possible for society and that it may 
even be possible to formulate the laws of social evolution — but these 
laws are not historical laws, the laws of a unique series. An his- 
torical law, a law of what has happened but once and cannot happen 
again, is a contradictio in adjecto} 

The sociologists and the historians should endeavor to under- 
stand each other. At the conclusion of a review of Rickert's logic, 
based upon an article that gave, and intended to give, only a partial 
view of it, Lacombe seemed to realize that the difference between 
the methods of the sociologist and of the historian is due to a differ- 
ence in point of view, and explained : " Truly, at the end, it seems 
to me that our debate reduces itself and ends in very small propor- 
tions and amounts simply to this : M. Rickert says, ' What you 
call sociology may be what you will, but not history ; I refuse to 
give it this name, this title.' — And I reply : ' Very well so be it. 
We will reserve the name of history for the exposition of past 
events, such as has been practiced by that kind of studies in all 
times ; but we shall continue to study events in an entirely different 
manner from you ; we shall choose in the matter, in the historical 
reality, other aspects, other relations than those that alone have the 
privilege of interesting you ; and we shall form a science different 
from yours. This science will be called sociology or philosophical 
history, or scientific history, it matters little what, but it will be al- 
ways history, in this sense, that the historical fact, the human past, 
will always, indeed, be the object of our science as it is the object 
of yours.' " 

When a sociologist writes like that, the discussion must be near 
its ends. If historians and sociologists can agree that both deal with 
the past of society, but from different points of view ; that one looks 
at it from the point of view of a unique evolution, and the other 
from the point of view of general facts and laws ; that as their ends 

1 Ibid. , 258. 

Historical Synthesis 2 1 

differ, their methods must differ ; that there would be no confusion 
if we retained the term history for the older point of view and em- 
ployed the term sociology for the later — if these fundamental 
points could be agreed upon, the debate would be over. Much 
that has been written in the course of the debate from Comte to 
Lamprecht is beside the mark. To argue that the natural-science 
method can be applied to the study of social facts is not to argue 
that the historical method is outgrown or that sociology can take 
the place of history. That would seem to be the fundamental de- 
fect in the position of Lamprecht. The historical method has not 
failed to keep abreast of the other sciences because it has not trans- 
formed itself into a natural science. 1 Historical method has pro- 
gressed, not only in criticism, as Lamprecht acknowledges, 2 but also 
in synthesis. How can any intelligent man who is not blinded by 
the belief that the natural-science method is the universal method 
compare the syntheses of European history produced in the past 
one hundred years with the syntheses upon the same subjects that 
were the products of preceding centuries, and say that the modern 
syntheses are not sounder and more scientific, that we are not 
working out a synthesis that will finally be accepted in its main 
outlines by scientific historians the world over ? Even to-day his- 
torians are agreed upon the general outline of European history, 
and if they do disagree upon details, so do the natural scientists. 
Because these latter gentlemen cannot agree upon so fundamental 
a thing as whether acquired characteristics are transmitted, nobody 
thinks of substituting the historical method for the natural science 
method or of dubbing biology an art. 

Buckle was both harsh and hasty in his condemnation of his- 
torians. To characterize as intellectually inferior the men whose 
names lend dignity to the long list beginning with Herodotus and 
extending, in his day, to Ranke, is pardonable only on the ground 
of youth. That he could not see that men were beginning to ex- 
amine social phenomena from a new point of view, but that the new 
point of view did not render the old superfluous, is more intelligible. 
It is less intelligible after the discussion has lasted for a half-cen- 
tury, after sociology has taken shape and it is known that it is 
not history and cannot take the place of history. At a time when 
historical synthesis is steadily increasing in quantity and improving 
in quality, and when logic itself has at length justified the historical 
method, it would seem that the time had come to cease treating the 

1 See the pertinent remarks of Xenopol on the natural growth of a method, in the 
Revite de Syntliese Historique (October, 1901), 1 74-176. 

2 Lamprecht, Die kutturhistorische Methode, 16. 

F. M. Fliuo 


old method as an outgrown point of view, as a kind of alchemy 
or astrology. As long as men seek for knowledge of the unique 
evolution of their social past, just so long will the historical method 
be justifiable and the historical synthesis, the synthesis of Thucy- 
dides, of Polybius, of Tacitus, of Gibbon, and of Ranke, will be 
scientific, although it will never be the synthesis of the natural 

Fred Morrow Fling. 


Robertson's Charles V. appeared in the year 1769 and has 
since gone through some three dozen editions. The author was 
paid 4,500 pounds, the largest sum ever received for a work on 
history up to that time. His praises were loudly sung by many of 
the greatest men, and even Gibbon expressed himself as proud to 
be mentioned in the same breath. But perhaps the strongest proof 
of the estimation in which Robertson has been held is the fact that 
from that early day until 1902 there was no attempt in the English 
language to write a history of a period on a similar scale. The 
man who ruled over more territory than any other king or emperor 
since Roman times, the man whose reign saw the rise of the Prot- 
estant faith, was left without a modern biographer ; and generation 
after generation of English readers was obliged to content itself 
with that which Robertson had offered. 

The appearance, then, of a most careful and thoughtful work ' 
by a thoroughly equipped Oxford scholar is a great event for the 
student of history. Not only is our actual knowledge greatly in- 
creased, but we are furnished from a point of vantage from which 
to look back and see what progress has been made in this field 
during the past century and a quarter. But first a word must be 
said about the relative scope of the two works, and it must be noted 
at the outset that Robertson's introductory " View of the State of 
Europe," which is the most scholarly part of his work, has no 
counterpart in Armstrong ; that the latter treats of certain topics 
relating to the New World which Robertson reserves for a separate 
volume; and that, finally, Armstrong ends his work with 1555, 
the year of Charles's abdication, while Robertson continues to the 
Emperor's death in 1558. This latter circumstance is the more 
curious as Robertson professes to be writing a history of the reign 
and Armstrong of the life — distinctions, indeed, which are not logi- 
cally adhered to by either writer. One last, important difference is, 
that Armstrong's work is more of a study, Robertson's more of a 
narrative ; the one looks at a question from all sides, the other 
seems chiefly bent on the artistic representation of a scene or an 

1 The Emperor Charles V., by Edward Armstrong, M.A. (2 vols., Macmillan, 

2 3 

j 4 E. F. Henderson 

episode. Here we have, it seems to me, one of the chief contrasts 
between the old and the new history writing. The present tendency 
is towards a descriptive and interrogatory style, whereas formerly we 
had story pure and simple. 

One of Robertson's cardinal faults, which does not seem to 
have troubled his contemporaries, is a one-sidedness and partiality 
so serious that it is doubtful if a modern critic would have found a 
word of praise for the book. This is no history of the reign of 
Charles V.; it is a history of the Reformation, enlivened by details 
of Charles's campaigns. Martin Luther, not Charles, is the hero ; 
it is Luther's youth and development that are followed at the 
greatest length ; it is of Luther's character that we learn the most 
details ; it is the difficulties that beset Luther and the Protestant 
princes, not those that, beset Charles, that really interest Robert- 
son. Charles, against whom Robertson seems throughout to feel 
the greatest personal animosity, has been chosen as the merest foil. 
His reign is a convenient background for church history, that is all ; 
and in his enthusiasm Robertson goes back to the VValdensians, to 
Wycliffe and Huss, to the Great Schism and the councils of Con- 
stance and Basel, to the wicked popes and ecclesiastics of the end 
of the fifteenth century. We have disquisitions on clerical courts 
and on clerical immunities, on the manner of taxing the clergy, on 
the conferring and the reserving of church lands. Robertson 
credits himself, indeed, with having " avoided entering into any dis- 
cussion of the theological doctrines of popery," but we are forced 
to the conclusion that the reader's escape has been but narrow. In 
secular affairs, except perhaps for Spain, we have no analogous 
treatment — no characterization of persons, no genesis of institu- 
tions. The Empire is a vague generalization ; Charles is always 
"Emperor of Germany." In the "introductory view" there is, 
indeed, a superficial account of the German diets, which represents 
those assemblies as " originally . . . exactly the same with the 
assemblies of March and May, held by the Kings of France," and 
a still more superficial account of the electoral college, in which no 
mention is made of so important a document as the Golden Bull of 
Charles IV. Of the early history of the Netherlands and their 
connection with the Empire, of the so-called Burgundian Circle, of 
the treaty of 1 547 between the Empire and the Netherlands that 
fixed the relations of those two powers, there is never a word. 

Another fault that a modern critic would never pardon is the 
incomplete use even of the authorities that were easily obtainable 
at the time. Robertson on one occasion says frankly, "As the 
several books which contain the information necessary towards dis- 

Two Lives of the Emperor Charles V. 25 

cussing this point with accuracy, are written in the German lan- 
guage, which I do not understand, I can not pretend to enquire into 
this matter with the same precision wherewith I have endeavored to 
settle some other controverted facts which have occurred in the 
course of this history." He might have said the same for the 
Dutch language and possibly also for Spanish. One can readily 
estimate the value, from a modern point of view, of a history of a 
Catholic ruler over Germany, the Netherlands, and Spain, compiled 
almost exclusively from French, Italian, and Latin Protestant 
sources ! Just so, for matters pertaining to the rivalry of Francis 
and Charles, Robertson frequently relies on the sole authority of de 
Bellay, a Frenchman and a general of Francis. For the war with 
the princes of the League of Schmalkald he takes page after page 
from Sleidan, the official Protestant chronicler of the league. It 
is true his authorities are all " original sources," a fact which must 
have greatly imposed on his contemporaries. But an " original 
source," if inspired by religious or national prejudice, is the worst 
possible guide. Even a good source is often best studied through 
the medium of a competent commentator who will point out the 
best text, the best interpretation, and the particular application ; yet 
this kind of a guide Robertson seems consistently to have scorned. 

In comparison with Robertson, Armstrong's array of authorities 
is most imposing. After citing in five lines the works that go to 
form the earlier writer's chief stock in trade, he mentions some 
thirty great collections of state papers, letters, and diplomatic re- 
ports, of acts of diets, and of military and other memoirs ; while 
the preliminary list of modern authorities fills four pages, and 
throughout the book are scattered numerous references to valuable 
monographs on special points. Neither Armstrong nor Robertson 
has used manuscript material, and neither, unfortunately, has made 
critical remarks, or has given his reasons for accepting or rejecting 
any particular statement. 

If we cease generalizing and turn to individual topics, we shall 
learn to distinguish with more precision between the achievements 
of the earlier and those of the later historian. Almost at the out- 
set we are met by an instance of Armstrong's determination to 
avoid anything like the narrative style or the sonorously rounded 
periods of his famous predecessor. Be it said in parenthesis that 
his style is even too careless and colloquial, as when he speaks of 
Charles as the "travelling director of the Hapsburg syndicate" or 
says in the language of foot-ball that in war " tries " count not for, 
but against the side that makes them. To the whole dramatic 
episode of the contest for the imperial crown Armstrong devotes 

26 E. F. Henderson 

little over a page, on the plea that Charles had contributed almost 
nothing to his own election, and that he, the biographer, means to 
concern himself only with what personally affected his hero. But 
surely in this Armstrong has gone too far. Even according to his 
own reasoning, he should have mentioned the Wahlcapitnlation, or 
bill of rights which the electors wrested from the successful candi- 
date ; for in this document Charles made agreements which more 
than once hampered him in the course of his reign. For instance, 
the leniency shown to Luther in according him a hearing before the 
Diet of Worms seems to have borne direct relation to the promise 
to place no one under the ban of the Empire without formal pro- 
ceedings. For Robertson the famous diet itself is merely an arena 
in which Luther is to display his bravery ; and all the constitutional 
matters, some of them of great importance, are disposed of in a 
paltry ten or twelve lines. Armstrong, on the contrary, devotes 
many pages to showing how during these months while the diet 
was in session all the great problems of the reign were being 
formulated — constitutional reform; the attitude to be observed 
towards the knights and the peasants ; the relations with the French, 
the papacy, the Turks, the Castilian communes, the New World. 
We learn the political tendencies that were working in Luther's 
favor, and just why his teachings were likely to become popular 
with the princes as they already were with the lower classes. We 
are brought to see plainly why it was that Charles could not pos- 
sibly consent to the Pope's demand for the immediate condemnation 
of Luther ; how the hearing before the diet marks an important 
epoch in the life of Charles fully as much as it does a supreme 
moment in Luther's career ; how the young Emperor stifled public 
discussion by his bold personal intervention; and how bravely, finally, 
he stood up for his own rights on the whole question of constitu- 
tional reform. He could not prevent the establishment of a govern- 
ing council, but he prevented the serious curtailment of the imperial 
prerogatives, and so weakened the original proposition that the 
council, in point of fact, never came into active rivalry with him. 

When we come to the happenings in Germany between the Edict 
of Worms in 1521 and the religious truce of Nuremberg in 1532, 
we find ourselves in a world almost unknown to Robertson. There 
is no mention of the Knights' War, nor do the names of Hutten and 
Sickingen so much as occur in his pages. The governing council 
is not referred to again. There is no real explanation of the various 
economic and other causes that drove the peasants to their great 
revolt. In treating of that struggle itself the misrepresentations are 
almost ludicrous. The princes, " unwilling to shed the blood of 

Two Lives of the Emperor Charles V. 27 

their deluded subjects, sent a young nobleman to their camp, with the 
offer of a general pardon, if they would immediately lay down their 
arms," which unwillingness to shed blood was certainly not apparent 
later. What the princes really did was to lure the poor peasants 
on with false negotiations until they themselves could raise and equip 
their armies. It is Sleidan who leads Robertson to say that " dur- 
ing these commotions Luther acted with exemplary prudence and 
moderation ; like a common parent, solicitous about the welfare of 
both parties, without sparing the faults or errors of either." No 
word about the terrible writing " against the murderous and rapacious 
hordes of the peasants," who are called " brands of hell " and 
" limbs of Satan," and are consigned to the merciless princes to be 
" struck down, throttled, and stabbed in secret or in public." 
There is not much " exemplary moderation " about phrases such as 
these. Armstrong is entirely in accordance with the evidence when 
he declares that the reformer '• had thrown himself with unseemly 
violence on the side of authority, and had hounded on the nobles 
to the extirpation of the wretches who had misunderstood his far 
from obvious meaning." Naturally Robertson knows nothing of 
the great cleft that Luther's attitude brought about between him- 
self and the common people, of the change in the reformer's views 
as to a priesthood emanating from the masses, of his turning and 
placing his hopes on the territorial princes. All this is admirably 
brought out by Armstrong : " Luther, shrewd and versatile as he 
was passionate and stubborn, saw his opportunity and threw his 
whole energy into the service of the princes. If his doctrines were 
to survive, they must be associated not with the declining but with 
the rising element, the territorial state. He had once for all had 
his fight ; he was by nature too conservative, and also too sensible, 
to be logical or consistent. He had done with the priesthood of 
the individual, the absolute liberty of conscience, the entire freedom 
of religion from the state, the election of the ministry by the congre- 
gation. Obedience to authority was now to him the first and great 
commandment. . . . Luther was twitted, not without some reason, 
with having become a Pope." 

In the chapters devoted to the revolt of the communes of Spain, 
to the wars against Francis I. in Italy, and to the expedition against 
the Barbary corsairs, we find the old difference of treatment : Robert- 
son narrates, Armstrong investigates and explains. The latter is 
always in search of motives, causes, and characteristic features ; the 
former's one endeavor seems to be to spin out dramatic episodes to 
the utmost possible length. It is a pleasure to follow Armstrong as 
he unfolds the national, religious, social, and economic elements 

28 E. F. Henderson 

that caused the Spanish troubles. He makes clear to us what was 
the actual area of the revolt and compares the disturbances in one 
section with those in another. With regard to the famous rivalry 
between Charles and Francis, he shows that it had its origin, long 
before the imperial election, in a series of bitter humiliations inflicted 
by Spain upon France. He leads us through the tangled maze of 
Italian politics with a sure hand, showing the motives and aims of 
all the powers, large and small. On the question of Charles's 
responsibility for the sack of Rome he dwells at some length, show- 
ing that the Emperor was so far away that it required three months 
for his communications to reach the army, and that none of his 
commands or instructions contemplated anything more than an 
armed demonstration under the walls of Rome. In connection with 
the African expedition we are told just what comprised the African 
possessions of Spain, and why their retention was such a vital 

The diet of Augsburg of 1530 gives Robertson a new oppor- 
tunity of commiserating these Protestant princes, who are always 
being intrigued against and wronged. They seem to him so good, 
so single-minded, so obedient ! " At the Emperor's desire, all the 
Protestant princes forbade the divines who accompanied them to 
preach in public during their residence at Augsburg " ; their zeal 
" was then of such strength as to overcome attachment to their 
political interests." As a matter of fact the princes flatly refused to 
silence their preachers, or even to have them avoid contentious 
topics, until Charles asserted his right, as head of an imperial town, 
to decide what form of religion should be tolerated in his presence. 
Nor does Robertson mention the bitter enmities at this diet between 
the Protestants themselves — Melanchthon's avoidance of Bucer, 
Philip of Hesse's refusal to hear the sermons of Agricola. There 
is no word about the Tctrapo/itana, or separate confession of faith 
handed in by the four Zwinglian cities of south Germany. Indeed, 
all through these volumes Zwingli is only once mentioned, and then 
as an ally of Luther. Of such a scandal as the bigamous marriage 
of Philip there is not so much as a hint. Yet that scandal to-day 
is considered a most striking symptom, if not the actual cause, of 
the decline of the Protestant party. Not merely were Luther and 
Melanchthon severely discredited by their acquiescence in the 
marriage and by their official countenancing of lying and deceit, but 
Philip, overwhelmed by the reproaches and scorn of his own friends, 
went over to the enemy and became the Emperor's ally, receiving a 
promise of indemnity for the past and protection for the future. It 
i.-> true he reserved the right of returning to his colleagues should 

Two Lives of the Emperor Charles V. 29 

they be directly attacked, but he did harm enough to his cause by 
engaging to oppose the admission of England, France, and Guelders 
into the Schmalkald League. He was a traitor to his cause, for his 
dealings with Charles were kept a secret. 

But it is time for us to turn from a discussion of special episodes 
to what is, all in all, the most interesting question : how does the 
Charles of Robertson's pages compare with the man described by 
Armstrong ? Since the Scotch divine wrote his work a great deal 
of new evidence has come to light, and of the most direct and con- 
clusive kind. We have whole correspondences of the Emperor 
himself with different members of his family, public and private 
documents emanating from ministers and from foreign ambassadors, 
instructions for the guidance of Charles's son. It is important to 
note, therefore, how far the conventional picture has had to be 
redrawn. It is true Robertson disclaims any intention of dwelling 
on the personal, private virtues of the Emperor, reserving his forces 
for great European movements ; but as a matter of fact he is never 
chary of giving his opinion, and the fact that the disclaimer comes 
at the end of the book and is joined to a complaint of the difficulty 
of finding material on the subject robs it of much of its force. 

It must be said at once that the Charles of Robertson is one of 
the most shadowy and unreal persons that ever looked forth from 
the printed page of a history. He is an imaginary type, not a man 
who once lived and breathed. He is the conventional ogre of the 
childish fairy tale, the very Antichrist of the pious Protestant. His 
" insidious and fraudulent policy " is contrasted with the " open and 
undesigning characters" even of a Francis I. and a Henry VIII. 
Throughout one whole portion of the book his name is rarely men- 
tioned without the accompanying epithet "the artful," or other 
words to convey the same idea. He is always engaging in " in- 
trigues " or concocting " schemes." His own distinguishing char- 
acteristic is an "insatiable ambition," an ambition "so rapacious as 
to be restrained by no consideration either of decency or of justice." 
He acts "with the mercenary heart of a corsair" ; "his ambitious 
views enlarged in proportion to the increase of his power and 
grandeur." We hear much of the Emperor's " arrogance." He 
is "so intoxicated with a single victory as to imagine that he might 
give law to mankind." " He aimed at rendering the imperial crown 
hereditary in his family and would, of course, establish in the Empire 
an absolute dominion." He " gave law to the Germans like a con- 
quered people." We hear of him "boasting of his own power and 
exploits with insolence." There are a few scanty words of praise 
for endurance and bravery in the African expedition ; and in the 

jo E. F. Henderson 

summing up on the occasion of Charles's death there are tributes 
to one or two other virtues. Everywhere else the cloven foot is 
brought into prominence. There are reiterated charges of hypoc- 
risy : " notwithstanding the specious veil of religion with which he 
usually endeavored to cover his actions, Charles, in many instances, 
appears to have been but little under the influence of religious con- 
siderations." When we come to the arrest and imprisonment of 
the Protestant leaders, Philip of Hesse and John Frederick of Sax- 
ony, Robertson's powers of denunciation reach their culmination. 
In not keeping the bond which the Elector of Brandenburg and 
Maurice of Saxony had given to Philip, Charles "abrogated at 
pleasure the most sacred laws of honor and most formal obligations 
of public faith." "The state of subjection to which the Empire 
was reduced appeared to be more rigorous as well as intolerable 
than that of the most wretched and enslaved nations, if the emperor, 
by an arbitrary decree, might cancel those solemn contracts which 
are the foundation of that mutual confidence whereby men are held 
together in social union." 

If now we take up the allegations of Robertson and examine 
them in the light of the very thorough investigations made by 
Armstrong (who, however, never himself criticizes his predecessor), 
we shall find Charles turning from a shadow into a thing of flesh 
and blood. At times he is very human indeed, and far more genial 
than we are accustomed to imagine him. When entering Siena in 
1536, he " was radiant with smiles ; he would rein in his horse and 
joke now with one citizen and now another." " Spying a little Pic- 
colomini, a very pretty child, carried in a servant's arms, he called 
him up, looked earnestly on the child's face and kissed him." At 
Aigues Mortes in 1539 he visited his rival Francis I., and the two 
dined together : "At the dance which followed they would stand, 
now arm in arm, now hand in hand, bandying jokes with this lady 
and with that: never had Charles been seen to laugh so heartily." 

A 1 1 11 nsbruck he once ' ' made as though he would kiss the younger 
ladies, but disengaged himself as soon as might be from those of 
riper years " (the words are those of an old chronicle). Armstrong's 
picture of Charles is all the more trustworthy because he is never 
his unconditional advocate. The Emperor's slowness, his irresolu- 
tion, his occasional obstinacy, his lack of original conception are 
nowhere concealed, and once his policy is declared inexcusable. 
What Armstrong invariably does, however, and what Robertson as 
invariably omits, is to show the other side of the case — the tremen- 
dous provocation, the patient endurance up to that time, the impos- 
sibility, occasionally, of taking any other course. It was, indeed, 

Two Lives of the Emperor Charles V. 31 

an overwhelming task for one man to look after so many realms, 
confront so many different enemies both at home and abroad, solve so 
many religious, political, social, commercial, and colonial problems. 

Robertson's charge of artfulness is too vague to concern us 
for more than a moment. From our wider point of view it is diffi- 
cult to understand why the epithet could not just as well be applied 
to every great ruler who has had to deal with several enemies at the 
same time. Frederick the Great, Napoleon, Bismarck were all in- 
finitely more artful than Charles. Charlemagne, perhaps, was 
not ; he had no coalitions to fear, and simply struck down opposi- 
tion wherever he found it. That Charles V., like any modern 
diplomatist, refused to carry his plans upon his sleeve ; that he often 
temporized with one set of enemies while sore beset by another ; that 
he concealed his joy at the occasional straits of the Pope and the 
French king, though outwardly preserving a semblance of decent 
regret — all this does not constitute an artfulness that must stig- 
matize his life. As well affix the epithet " the perjured" to every 
mention of the name of Francis I. Surely Charles never committed 
an act that even distantly approached in perfidy the French King's 
premeditated breach of the treaty of Madrid ! As a matter of fact, 
Robertson is so permeated with the idea of Charles's vast, illimit- 
able ambitious designs that he looks upon him as passing his life 
in trying to conceal them. Never once does he grasp the Emperor's 
real aims, never once does he appreciate the constant striving for 
national as well as religious unity, or that composure under adverse 
circumstances which Melanchthon himself termed " marvellous and 

Armstrong disposes of the charge of overweening ambition, in- 
directly but conclusively, by showing that the Emperor had a great 
respect for law and for parlimentary institutions, and that he fre- 
quently bowed to adverse judgments ; that his aims were actually 
too conservative for his own good or for the good of Germany : 
"Throughout this diet [the 'armored diet' of 1548], held at the 
moment when Charles was at the summit of his power, there is no 
trace of the autocratic spirit of the hoc volo sic jubeo. For each of 
his proposals he had patiently courted the support of public opinion ; 
he had wished the national representatives to take the initiative. 
Whenever he was assured that public opinion was against him, he 
bowed to it, and withdrew or modified his most cherished schemes. . . 
From first to last his attitude was defensive, forced upon him by 
the movements of his enemies. . . . He never clutched at what was 
not his own." We have at this juncture Charles's most private in- 
structions for his son Philip — instructions which amount to a polit- 

^2 E. F. Henderson 

ical will and testament — and they breathe the very spirit of con- 
servatism. Philip is to avoid provocation and only to fight under 
compulsion. He is to maintain the status quo wherever possible, 
to lighten the burdens of his people, and to rule them with justice. 
Over against the accusation that Charles aimed at absolute dominion 
Armstrong places the facts that diets in Germany were called so 
frequently as to displease even the Protestant princes, and that the 
Estates General of the Netherlands met more than fifty times during 
this reign. All that Charles asked for after his great victory at 
Miihlberg was a closer confederation of all Germany on the model 
of the Suabian League, and even this proposition he let fall under 
the opposing fire. This was the one moment when, had he wished 
it, he might possibly have become absolute ; yet he repudiated all 
advice to that end, and continued, as Armstrong puts it, "to listen 
as usual to the clamors of the more pushing Protestants and the 
shrieks of disappointed Catholics." 

Of all the charges brought by Robertson none seems more un- 
founded than that of hypocrisy. It would be hard to prove a single 
case where Charles " endeavored to cover his actions with the spe- 
cious veil of religion." Although more tolerant than the Pope and 
the Catholic princes, and far more so than the Protestant princes 
or than their more modern advocate, he was continuously and con- 
sistently loyal to the faith that he professed. He lived for it ; he 
fought for it ; and rather than be untrue to it and make a disad- 
vantageous peace with the heretic, he abdicted his throne and gave 
himself wholly to the observances which that faith prescribed. It 
is true that once, under excessive provocation from the Pope, he 
declared that Luther after all might prove a useful man ; it is true, 
too, that he once accepted money from the Moors as a condition 
of procuring the modification of an edict of the Inquisition ; but those 
are isolated matters not fully understood, and by no means prove that 
he was a hypocrite. Plis desire to see the truth prevail seems to 
have been thoroughly sincere, and in the matter of disputed points 
of doctrine he always sought the aid of his theologians. He wished 
peace with the Protestants on the basis of mutual comprehension, 
to which end he instituted numerous conferences. The Confutation 
of the Augsburg Confession was returned to its authors no less 
than five times, to sec if its tone might not be softened ; and as a 
last hope, the Emperor even appointed a committee of seven Cath- 
olics and seven Protestants to discuss disputed points. Armstrong 
thinks that Charles in the end had absolutely no option but to ac- 
cept tin- Confutation. Had he been ever so yielding to the Luth- 
erans, yet "had his sentence differed a hair's breadth from the 

Two Lives of the Emperor Charles V. $?> 

opinions which Luther at that crisis held, it is unquestionable that 
no Lutheran, except perhaps Melanchthon, would have accepted 
it. . . . Luther, directing or abusing the Lutheran disputants from 
his retreat at Coburg, was less the hero of the hour than Charles, 
who day by day bore the turmoil and the tedium, flouted by Prot- 
estants, thwarted by Catholics, yet never losing his composure, never 
forsaking his conciliatory attitude." 

According to Robertson, Charles in 1546 went to war against 
the Protestant princes solely on account of their religion, though 
professing other objects ; treated the conquered leaders with great 
cruelty and injustice ; and, finally, in the most arbitrary manner 
imposed the "interim," or temporary norm of faith, on Germany. 
That a religious element entered into the war is not to be denied ; 
indeed Charles was obliged to emphasize that element, probably 
more than he wished, in order to consummate the much-needed 
alliance with the Pope. But he was not hypocritical in contending 
that he was aiming at the suppression of disobedience rather than 
of dissent. Armstrong points out that several Protestant princes 
fought on Charles's side and that those who remained neutral were 
not molested. In the terms of peace with the towns, religion plays 
a very small part, and no extra hardship was inflicted on John 
Frederick for refusing to submit to the decrees of Trent. It was 
the Protestants themselves who sought to give the war an exclu- 
sively religious form: "in a papal country," John Frederick told 
the burgomaster of Aschaffenburg, "there is nothing neutral." 
On the whole, Armstrong makes it clear that the war was bound to 
come, even had Luther never been born and the Reformation never 
taken place ; and he reaches the conclusion that the princes frus- 
trated union with Charles rather from political than from religious 
motives. What they really feared was imperial consolidation, and 
to prevent that they were willing to call in the French, the Turks, 
the English, or even the German papists. Charles had avoided 
war for thirty years, but it could be avoided no longer if he was 
to remain master in Germany. The main institutions of the Empire 
had too often been set at naught ; its territory had been seized by 
individual princes who neither asked for nor received imperial 
investiture. The Elector of Saxony and the Landgrave of Hesse 
had declared their contempt for diets ; there had flowed a steady 
stream of seditious pamphlets ; Luther himself had declared that 
the Emperor was no true emperor, but a tyrant and a devil. 

Charles's treatment of the Elector and the Landgrave was not 
generous, but Armstrong shows that it was not altogether unjust. 
The list of grievances against the house of Wettin was long and 

AM. HIST. REV., VOL. IX. — 3. 

^4 E. F. Henderson 

black. Frederick the Wise had defied the Edict of Worms by 
hiding Luther in the Wartburg ; his successor had drawn up the 
"Protest" and helped to form the League of Schmalkald. John 
Frederick himself had aided the rebellious Duke of Cleves and had 
raised revolt against Ferdinand in Bohemia. The Landgrave of 
Hesse had intrigued with every one of the Emperor's enemies. 
Philip's friends maintained that Charles had played the Landgrave 
horribly false in not keeping the promises made and briefed by the 
Elector of Brandenburg and Maurice of Saxony. As it happens, a 
draft of the original agreement exists, and it shows the hollowness 
of this contention. Philip, indeed, seems really to have been 
deceived ; but the fault rests with the intermediaries, not with 
Charles. Maurice was warned at the time that he was pledging 
too much. 

Not the least of Charles's alleged crimes was the attempted 
enforcement of the "interim," which was dubbed at the time a 
"strait-jacket for Protestantism." Yet even for this Charles is not 
wholly responsible. Even after his decisive victory he did every- 
thing to associate others with him in dealing with the old, unsolvable 
problem, and again appointed a mixed committee. But, to quote 
Armstrong, "neither party would stir a finger to promote the peace 
for which both clamored, nor was either prepared for mutual 
toleration." And here comes the strangest rectification of Robert- 
son, who intimates that the interim was thrust upon the Protes- 
tants by the Archbishop of Mainz's suddenly rising and constituting 
himself the mouthpiece of the whole diet assembled. As no one 
had courage or presence of mind to oppose, the whole measure was 
considered passed without debate. In point of fact the Lutherans, 
treated with separately, had accepted the interim without much 
demur ; " the Catholics, however, who regarded themselves as 
victors, although they had contributed nothing to the victory, offered 
violent opposition." It was as their mouthpiece when they did 
finally acquiesce, that the Archbishop of Mainz, whose " presump- 
tion " Robertson considers so " unprecedented and unconstitutional," 
rose up to express assent. But on the matter of making the 
interim equally applicable to both parties, the Catholics were in- 
flexible, and that was what made the measure so odious to the 
Protestants. It became a compulsory, invidious decree, which was 
far from what Charles had intended ; as such it was laughed to 
scorn and became a dead letter. 

In the space at command it has been manifestly impossible to 
do justice to the more positive excellencies of Armstrong's book. 
I am inclined to think it one of the calmest, most dispassionate, most 

Two Lives of the Emperor Charles V. 


scholarly works on modern continental history ever written by an 
English pen. It gives an entirely new picture of Charles, a picture 
that appeals to the sympathies and that strikes one as true. In his 
final summing up Armstrong designates the Emperor as, "all 
deductions made, an honorable Christian gentleman, striving, in 
spite of physical defects, moral temptations, and political impossi- 
bilities, to do his duty in that state of life to which an unkind 
providence had called him. It was not his fault if — to alter a single 
word of Morosyne's conclusion — 'all was a good deal better meant 
than he could do it.' " 

Ernest F. Henderson. 




Since a compromise never meets the wishes of any considerable 
party, it must justify itself by its success in securing the objects 
desired by its supporters. If the Humble Petition and Advice 
actually brought "settlement" to the nation, even those who were 
originally discontented with it would soon give in their adhesion. 
On the other hand, if it failed in securing this desirable end, all 
these lukewarm supporters would soon be active opponents of the 
new government. 

In case the Humble Petition and Advice did succeed, then the 
opinion that the cause of civil government had won a considerable 
victory would be justified. It soon became apparent, however, that 
success could not yet be claimed, but that another trial of strength 
must be made between the army and the sectaries on the one hand, 
and the staunch upholders of the Humble Petition and Advice on 
the other. All the supporters of kingship could by no means be 
counted among the adherents of the new government, since many 
of them were irrevocably hostile to any government which did not 
include monarchy ; while others, probably more numerous still, 
were at the best only lukewarm in support. It is true that the 
compromise had, for the time being, secured the support of Des- 
borough and Fleetwood. But their adherence was of little moment 
unless they could carry with them a considerable party. It is 
doubtful, however, if Desborough had any following of importance ; 
while Fleetwood could not possibly secure the allegiance of the 
larger number of the sectaries, some of whom already reproached 

1 This paper forms the concluding portion of an independent study of the last 
attempts to settle the government under Cromwell. The two preceding portions 
related to the failure of the Instrument of Government and to the Humble Petition 
and Advice and the attempt to make Cromwell king. But while they were receiving 
their final preparation for the press, there appeared successively Mr. C. H. Firth's 
two articles in the English Historical Review (XVII. 429, July, 1902, and XVIII. 
52, January, 1903) on "Cromwell and the Crown," and the first chapter of Mr. 
Gardiner's fourth volume. These cover so nearly the same ground as the papers 
described that I do not deem it expedient or useful to print them, though a mention 
of them seems almost necessary toward explaining the existence and the limits of the 
present paper. 


The Failure of the Humble Petition and Advice 3 7 

him with being recreant to the " Good Old Cause." * Their sup- 
port, therefore, could have been of no great moment, and they were 
determined that no further change should take place. 

In this attitude they would be supported by the sectarian party, 
which had always been fostered by Fleetwood and which still exer- 
cised vast influence over the Protector. " That gang," as Henry 
Cromwell stigmatized it, would certainly hinder settlement. Ap- 
parently they feared that kingship had only been deferred, espe- 
cially since the Humble Petition and Advice, as finally adopted, 
retained the " other house," or House of Lords. They omitted no 
opportunity, therefore, of putting difficulties in the way of further 
change. Many of the soldiers in England thanked Cromwell for 
his refusal of the title ; and attempts were made to secure from 
some of the Irish officers similar congratulations, apparently with- 
out Henry Cromwell's knowledge, though perhaps with that of 
Fleetwood, who was still lord deputy. 2 

The irreconcilability of interests is vividly portrayed in a letter 
of Richard Cromwell's to his brother : " Your owne affaires in the 
entring into them," he wrote, "gave you some sight of persons, 
whose designe hath been for a long time layd to take roote, for the 
hindring Nationall advantages, in settlement, where it might occa- 
sion difficulty to there getting into the saddle, respecting there 
owne ambitious mindes, and advantages before Religion, peace or 
what else that may stand in there way. I dare not be plainer, as 
to particulerrize persons, or things, nor need I, you having knowl- 
edge of the ffoxe by his Smell." Without doubt Richard referred 
not only to Lambert, but also to Desborough, and to Fleetwood 
and his " mad party " ; for Henry's entrance into the government of 
Ireland could have given him insight into the designs only of Fleet- 
wood and those who supported or, rather, led him. In Richard's 
opinion the conflict of factions was so intense and so irreconcilable 
as to forebode ruin to the state. " I should relate how things are 
here," he continues, "and how the Publique Peace is tumbled and 
tossed, as if it were nothing to breath the veines of one another to 
a deadly gasping : . . . surely or sicknesses are very greate, and or 
dissease almost incurable, there is noe parte sounde." 3 

1 For the attitude of the sectaries see an appeal to Fleetwood, unfortunately without 
date, in Thurloe, State Papers, VI. 244 ff. ; also A Second Narrative of the Late Par- 
liament (so called}, Harleian Miscellany (edition of 1745), III. 454. 

2 Some thought " that it would bee fitt my Lord Depyte should bee enabled to pro- 
duce the same Congratulations for yor Highnes refusall from the Army in Ireland as 
had been made by some in Engld." H. Cromwell to O. Cromwell, June 5, 1657, 
B.M. Add. MS. 4157, folios 182, 183. 

3 R. Cromwell to H. Cromwell, June 10, 1657, Lansdowne MS. 821, folio 125. 

38 R. C. H. Catterall 

Under these circumstances it was all-important that the new set- 
tlement should be as little defective and objectionable as possible. 
Otherwise no considerable party would rally to its support. Ex- 
amination of the Humble Petition and Advice, however, shows that 
it was defective in several particulars, and contained clauses which 
were certain to provoke bitter opposition from the sectaries. 

The most significant of these clauses were those concerning re- 
ligion. The makers of the new constitution were evidently deter- 
mined to erect a state church in England, and were indeed as much 
bent upon establishing a church as upon establishing a king. The 
whole instrument is redolent with this design. 1 The gist of the 
plan, however, is contained in the tenth, eleventh, and twelfth 
articles. The tenth article voiced the desire of the House that the 
revilers of godly ministers or their assemblies, and the disturbers oi 
public worship be punished according to law, and that where the 
laws were defective the Protector should assent to such laws " as 
shall be made in that behalf." Article 12 ratified all the acts passed 
by the Long Parliament abolishing the episcopal system, and so 
made impossible any return to that establishment. To these articles 
little objection could be made by any of the Puritan factions. The 
eleventh article, however, was of a far different character. It de- 
clared first that the Protestant religion alone should " be held forth 
and asserted for the public profession of these nations." Then fol- 
lowed what was the kernel of the whole religious plan of the Peti- 
tion, that a "Confession of Faith" should be agreed upon by 
Cromwell and the Parliament. This confession was to " be asserted, 
held forth, and recommended to the people of these nations," and 
no one was to be suffered in speech or writing " maliciously or con- 
temptuously " to assail it. The article then made a general provi- 
sion for religious toleration, excluding from this " liberty," however, 
all Roman Catholics, Episcopalians, and Unitarians, all who denied 
the inspiration of the Ploly Scriptures, and all such as "publish 
horrible blasphemies, or practice or hold forth licentiousness or pro- 
faneness under the profession of Christ." Provided a minister did 
not fall in any of these categories, he might differ "in matters of 
worship and discipline," but he must assent to the Confession of 
Faith if he was to " be capable of receiving the public maintenance 
appointed for the ministry." This article, therefore, not only de- 
nied toleration to a considerable number of persons who had hith- 
erto possessed it, such as Quakers, Ranters, and Fifth Monarchists, 

1 Sec for instance Article 4 with its qualifications for members of Parliament, and its 
revival of the act of August 9, 1650, "against several atheistical, blasphemous, and exe- 
• rable opinions derogatory to the honour of God, and destructive to human society." 

The Failure of the Humble Petition and Advice 39 

but it pronounced those who did not assent to the public confession 
incapable of receiving public maintenance. The tithes and the 
ecclesiastical property of the state were to be devoted to a body of 
men holding a certain set of religious tenets. It is impossible to 
state definitely what these tenets were to be, but there can be little 
doubt that if Parliament had had its way, the new establishment 
would have been a modified form of Presbyterianism. Oliver 
would presumably oppose a Presbyterian system, yet it is conceiv- 
able that in time he would have consented to this ; and certainly 
to accept Presbyterianism could not have been more difficult than 
to accept kingship. Indeed it is plain that now the two stood to- 
gether, for the intense opposition of the sectaries in itself made any 
other combination impossible. Cromwell warmly approved of the 
Petition's provisions regarding religion, 1 and could not have been 
blind to their drift. Even supposing that a Presbyterian system 
could not be established while Oliver lived, this would certainly 
have come after his death, for his sons had little sympathy with the 
sectaries. Henry Cromwell, in outlining to Thurloe those provisions 
in the Humble Petition and Advice that seemed to him most im- 
portant, laid stress upon the religious plan, approving warmly the 
" holdeing forth a publique confession of faith (the expectation of 
these nations) injoyning the acknowledgment of the sacraments, 
prayer, magistracy, and ministry, to be ordinances of God, and all 
this with due respect to tender consciences." " 

Parliament's purposes in regard to religion are clearly evidenced 
by several other events. Speaker Widdrington, in presenting the 
Humble Petition and Advice to the Protector, expressed clearly 
and frankly the object in view : 

There are two extremities in state, concerning the causes of faith and 
religion, (that is to say) the permission of the exercise of more religions 
than one, which is a dangerous indulgence and toleration, and is not 
introduced by this government. . . . The other is the entering and sift- 
ing into men's consciences, when no overt scandal is given, . . . and 
which is desired to be provided against in this Frame. 3 

This view must have been sufficiently alarming to the extreme 
sectaries, yet that it correctly defined the position of Parliament is 
plain from the subsequent action of the House. Thus an act " for 
the better observation of the Lord's Day" compelled attendance at 
church under penalty of the forfeiture of two shillings six pence for 
non-attendance. 4 This act was precisely similar to the acts under 

'April 21, 1657, Stainer, Speeches of Oliver Cromwell, 331. 

2 H. Cromwell to Thurloe, April 8, 1657, Thurloe, VI. 183. 

3 Burton, Diary, 1. 40S, 409. 

1 June 26, 1657, CalenJar of State Papers, Dom., 1657-1658, p. II. 

4 o R. C. H. Catterall 

Elizabeth and the Stuarts which had been objected to so bitterly by 
the Puritans. More significant still was the passage of a bill for 
catechizing. 1 It is impossible to say what this bill contained, but it 
was opposed by the more liberal and tolerant members of Parlia- 
ment.- That it was an essentially anti-Independent bill can be 
inferred with certainty not only from this opposition, but also from 
Cromwell's position towards it and from the feeling his course 
aroused. It was the only bill that he vetoed, and this act bitterly 
incensed its supporters. 3 

The feeling of the sectaries in regard to the new religious settle- 
ment was clearly expressed in the Narrative of the Late Parliament, 
wherein the author caustically criticizes the settlement, and as a 
proof of the designs of the Parliament points to the bill for cate- 
chizing. 4 It is not surprising that these various alarming events 
convinced the sectaries that a movement v/as being made to suppress 
them, and that Oliver was party to it. Many of them had been 
convinced of this as early as August, 1655, a conviction expressed 
in a well-known pamphlet directed against the Protector."' Libel- 
ous as this pamphlet was, in so far as Cromwell's intentions were 
concerned, it was nevertheless a truthful statement of the direction 
that events were bound to take. The realization of their fears by 
the passage of the Humble Petition and Advice — this attempt to 
establish a national church and to shut out from the benefits of 
public maintenance all ministers who did not conform to its Con- 
fession of Faith — explains and justifies the opposition of the 
sectaries not only to the project of kingship but to the whole 
constitution. '' 

That the Humble Petition and Advice was left imperfect in 
many particulars might be inferred from the speed with which it was 
made and from the necessity of compromising the differences be- 

1 Commons' Journals, VII. 537, 551. 

2 Burton, II. 202, 203. 

3 Ibid., 205, 206; Commons' Journals, III. 551 -5 53. 
*ffarleian Miscellany (edition of 1745), III. 445. 

6 A Short Discovery of his Highness the Lord Protector' s Intentions Touching the 
Anabaptists in the Army, and all such as are against his reforming things in the 
Church, August 20, 1655, Thomason Tracts, E. 852. The writer charges Cromwell 
with the intention of setting up a state church and overthrowing the Anabaptists. 

6 The attempts to establish a national church did not cease with the overthrow of 
the monarchists in 1657. In the second session of the Parliament, on January 21, 1657/8, 
Mr. Gewen moved for " a convocation or assembly of divines." The motion was dis- 
cussed but came to nothing. Burton, II. 333-336. In Cromwell's speech of Janu- 
ary 25 he speaks against the sects. Stainer, 377-379. See also ibid., 387. On 
January 27, preaching before , Parliament, the Reverend Mr. Griffith in his sermon spoke 
" for < hurch government, but against imposing spirits ; and it tasted a little of Court holy 
water." Burton, II. 373. 

The Failure of the Humble Petition and Advice 41 

tween parties with regard to it. 1 The imperfection of the constitu- 
tion was made irretrievable by the alteration of the title from king to 
protector. Incomplete and imperfect as the Petition might be, the 
acceptance of the office and title of king would have carried with it 
so many consequences, would have reestablished so many old legal 
institutions, that all defects would probably have been surmounted. 
But the lawyers were certainly correct in arguing that the laws 
could not be administered without the kingly office. They were 
correct because the mere conviction on their part was sufficient to 
make it impossible to administer the laws without the office. Further- 
more, the protectoral office, since it had been conferred without a 
specific definition of its powers, left matters still unsettled. More- 
over, since the proposal to grant to the protector precisely the same 
prerogatives as those inhering in the royal title had been rejected, 
only one conclusion could be drawn, namely, that the powers of 
the protector were not those of the king. What they were no man 
could tell. The consequences would be confusion in the interpre- 
tation of the law, contradictory decisions by the courts, and endless 
and hopeless endeavors to fit the new executive to the old institutions. 

The failure to establish the kingship was of vast consequence in 
respect to the succession. The Petition permitted Cromwell to 
nominate his own successor, but made no provision for his suc- 
cessor's successor. Had he been king, the law would have deter- 
mined all doubts. As things actually stood, the succession was left 
in almost as indefinite a condition as before the adoption of the new 

More important still was the position assigned to the " other 
house " in the new scheme. 2 The judicial functions of the new 
house were defined in precise general terms, but its legislative func- 
tions were not. As matters stood, this was a prime defect. When 
Parliament framed the Petition, it had expected to have a king, in 
which case the legislative status of the new house would have been 
ipso facto determined. As a House of Lords its legislative functions 
would have been precisely those of the old House of Peers. Under 

1 For the speed with which the Humble Petition and Advice was made see Packer, 
February 9, 1658/9, Burton, III. 161 ; Baynes, February II, 1658/9, ibid., 216. 
Article 15, with the title of king in it, was omitted from the printed text, no effort being 
made to supply the omission, so that in all printed copies the bewildered reader passes 
directly from the fourteenth to the sixteenth article. Lenthall on June 23, 1657, asserted 
that the Petition and Advice was " very imperfect yet" and that he regarded it as being 
merely an "embryo." Ibid., II. 280. 

2 In the original Humble Petition and Advice the nominations of members of the 
"other house " were to be approved by the House of Commons. The Humble Additional 
Explanatory Petition and Advice, however, left the nominations wholly in the hands of 
the protector. 

42 R. C. H. Cattcrall 

a protectorate this was certainly not self-evident. That the " other 
house" was in fact "inconsistent with this title" of protector was 
so clear that during the debates after Cromwell's refusal of kingship 
it was taken for granted, the proposal being made to give up the 
house as a matter of course if the title protector was adopted. 1 
That this motion was not carried shows pretty clearly that kingship 
was not abandoned. That the advocates of monarchical govern- 
ment insisted on retaining the "other house" without further defi- 
nition of its status, its authority, and its powers is equally good evi- 
dence of the purpose to hold to their course. If they had been 
willing permanently to surrender their wishes, the position of the 
new house could have been settled in the sense agreeable to the 
opposing party without much difficulty. Unless, however, the pro- 
ject for kingship was completely surrendered, it was impossible to 
define further the functions and powers of the " other house " ; for 
if this had been attempted, the partizans of a commonwealth would 
have " ravelled into " the entire frame of government to some pur- 
pose, in all probability with consequences disastrous to the plan. 2 
The " other house," just as it existed, was an inevitable result of 
Cromwell's declining the kingship ; and in forcing this upon him the 
army leaders won a great victory. " How have they," wrote an 
angry Oliverian, "forced him (as Aaron) to make a Calfe like the 
^Egyptian Ox, an other House instead of a House of Peers?" 3 
The victory consisted in erecting an institution which was not viable 
as it existed, which must be altered, which must lead either to a 
kingly settlement or to the undoing of what had already been ac- 
complished towards such a settlement. It was not by chance, 
therefore, that the attack of the opposition in the second session 
was directed against the " other house." The vulnerable part of 
the new settlement lay there, and there also lay the most serious 
menace to the advocates of military rule, of sectarianism, of the 

How differently the various parties regarded the status of the 
new house is shown by all the available evidence. From the first 
the monarchists hesitated to admit that they were attempting to 
create a House of Lords. On the contrary they assured opponents 

1 Whether "such thinges" in the Petition, " as may be therein conceived inconsistent 
with this title, may not be expunged, as House of Lords and such like." News letter, 
May 15, 1657, Clarke Papers, III. 108. 

2 See on this difficulty Goodwin's motion, June 24, 1657, Burton, II. 300; Shap- 
cott, ibid., 298; Sydenham, ibid., 299; Desborough, ibid. 

3 A Petitionary Epistle direi ted to the Lord Protector and People of the Commonwealth 
oj England, Scotland, and Ireland, to continue in Unity. March 19, 1657/8, Thoma- 
son Tracts, E. 743. 7, p. 4. 

The Failure of the Humble Petition and Advice 43 

of the measure that all they wished was a balance or check upon 
the House of Commons in order to preserve liberty of conscience. 
There was to be no restoration of the old Lords. 1 It was even 
argued that the new house would be a bar to the restoration of the 
old one. 2 The supporters of another house asserted too that it was 
necessary to have a second house with "judicial power," since it 
was doubtful if the House of Commons possessed such power, and 
since, even if it did, too much time would be consumed in con- 
sidering "complaints from Courts of Justice and Equity." 3 The 
" great reason " alleged, however, was " that Bills passed too 
hastily " in a single house, and without sufficient discussion. i 

It is evident that the royalists did not dare openly to champion 
a House of Lords. Even as it was, they found much difficulty in 
securing the assent of their opponents to the establishment of a new 
house. 5 At last, however, the latter yielded to the arguments 
adduced, coupled with the assurance that there was no intention of 
restoring the old peers. They were willing to have a second house, 
provided only it was not a House of Lords. Neville, one of the 
Commonwealth leaders, argued indeed in favor of a second house 
with this limitation ; H and the army, after the dissolution of the Rump, 
while declaring against a restoration of the peers, favored the erec- 
tion of a senate to keep the Commons within bounds. 7 

The argument against a House of Lords was perfectly intelli- 
gible and extremely simple : if a House of Lords was established, 
the old nobility would inevitably be admitted ; and if the old nobility 
were admitted, the restoration of the Stuarts was certain. 8 

The Petition failed also to define the manner in which nomina- 
tions were to be made to the new house after Oliver's death. The 
grant of power to nominate members was to Oliver alone, without 
mention of his heirs and successors. It could be argued therefore 
that future protectors had no authority to nominate members. Had 

1 " Never was any thing brought in with more sugar-sweet and plausible words. It 
shall be a check upon restraint of liberty of conscience. There shall be no bringing in 
of the old nobility." Packer, Burton, III. 165. See also Sydenham, ibid., II. 299; 
Cromwell's speech to' the officers, February 28, 1656/7, Stainer, 263, 264. 

2 Burton, II. 413. 

n Colonel Matthews, February 4, 1657/8, ibid., 451. 

4 Idem. , ibid. 

5 " The other house, or ballance goes heavily on." Sir John Reynolds to H. 
Cromwell, February 24, 1656/7, Lansdowne MS. 823, folio 90. "That, we feare, will 
most stick with us, is the ballance, or house of Lords as some call it; of wch we hope 
to see an yssue within 4 dayes." J. Bridges to H. Cromwell, March 3, 1656/7, Lans- 
downe MS. 821, folio 93. The " other house," Thurloe feared, would " provea very hard 
and doubtfull question." Thurloe to H. Cromwell, March 8, 1656/7, Thurloe, VI. 93. 

6 February8, 1658/9, Burton, III. 134. 

7 Firth, Cromwell's Army, 382. 

8 Sydenham, June 24, 1657, Burton, II. 298. 

44 R. C. H. Catterall 

the monarchy been reestablished, this grant to Oliver alone could 
have created no legal difficulty, for a king is a corporation sole, and 
therefore his powers and prerogatives vest without interruption in 
his successor. In other words, the king never dies. 

Another shortcoming of the Humble Petition and Advice was 
the failure to provide for the distribution of members of the lower 
house. The plan of reformed constituencies embodied in the 
Instrument of Government perished with the Instrument. It was 
probably unsatisfactory to the members, or they would have adopted 
it in the new constitution as it stood. The question of a new re- 
formed distribution was discussed on May 27, 1657, but the House 
got no further than to pass a resolution that the subject should be 
finally debated in one week from that date. 1 But the predetermined 
day was later set apart as a day of thanksgiving for Blake's victory 
at Vera Cruz, and the discussion concerning distribution was never 
resumed. As a consequence the old unreformed constituencies 
revived. 2 Not only so, but the failure to determine the distribution 
of seats left the new constitution without a specific provision for 
electing members to Parliament from Scotland and Ireland. 3 

The question arises too whether Cromwell was really possessed 
of a veto under the new protectorate. He certainly believed that 
he was, for on one occasion he exercised a veto. Yet one may 
well doubt that the Petition and Advice granted this prerogative ; 
and in Richard's Parliament the privilege was hotly questioned. 
If Cromwell had become king, the veto would have been his as 
part of the royal prerogative, but a protector as protector had no 
such prerogative, and the Humble Petition and Advice did not 
specifically confer it upon him. 

In short, although the new constitution was an advance along 
the line which government in England was bound to take, though 
it restored the rights of the people and the privileges of Parliament, 
though it increased the powers of the houses and diminished those 
of the executive, it was astonishingly imperfect and could not pos- 
sibly be a final settlement. 

Under the circumstances it was of the utmost importance that 
the new government should be intrusted to those who desired its 
success. The principal opponents of kingship, with the exception 

Wbid., 138, [39. 

2 That Cromwell believed the old system to be reestablished may be inferred from 
the fact that in granting a charter to Swansea, May 3, 1658, he constituted it a parlia- 
mentary borough. Dictionary of National Biography, XXX. 152, article "Philip 

■1 larges to II. Cromwell, June 22, 1658, Thurloe, VII. 193. See also in Burton 
the discussion over this point in Richard Cromwell's Parliament. 

The Failure of the Humble Petition and Advice 45 

of Fleetwood, Desborough, and a few others, could certainly not be 
counted among this number. Changes in the form of government, 
as Henry Cromwell sagaciously pointed out, were of no avail so 
long as the same men remained in power. He therefore strongly 
advocated the purging of the council and the army. In other words, 
he wished the government to be intrusted to those whom he called 
" the honest party." [ 

The Protector, however, had evidently resolved upon a com- 
promise government, and was not inclined to purge either council 
or army. The only new councilors created were Thurloe, who 
received the dignity on July 13, 1657, 2 and the Protector's eldest 
son, Richard, who was made councilor at the request of the council 
in December of the same year. 3 But the opposition of one man had 
been so venomous, and in the opinion of all so clearly factious and 
self-seeking, that he could not overlook it. The offender was John 
Lambert, and over him came the first struggle of parties in the new 
government. Lambert was throughout supported by Sydenham, 
another influential member of the council ; and neither of the mal- 
contents came near Whitehall for weeks after the final decision. 
Some believed that Lambert would either surrender his commission 
or have it taken from him. Thurloe was confident that he would 
not surrender it, and believed there would be serious danger in per- 
mitting him to retain his power. Others, however, presumably 
Fleetwood and Desborough, were of a different opinion.'' Henry 
Cromwell agreed with Thurloe. " I take notice of your opinion 
concerning [Lambert]," he wrote. "I hope H. H. is sufficiently 
cautioned concerning hime, and I wish those, who think his con- 
tinueance in power safe, doe not first feele the smarte of it." 
Lambert himself apparently began to suspect that he had over- 
stepped the limits of his power. " My Lord Lambert lookes but 
sadly," wrote Russell. " He puts me in mind of a saying of old 
Solomons, that there is an appointed time for all things under the 
sun, to hate as well as to love, to be sad as well as merry." 7 On 
July 13 the council was to be sworn, and Cromwell had already 
laid commands upon Lambert, probably to absent himself. " I 
doubt not," wrote Fleetwood on the fourteenth, " yu will heare his 

'H. Cromwell to Broghill, February 17, 1657/8, Thurloe, VI. 811. See also H. 
Cromwell to Thurloe, and to Fauconberg, same date, ibid., 810. He wished to see St. 
John and Pierrepoint admitted to the council. Sameto Thurloe, July 15, 1657, ibid., 404. 

2 Ca/. State Papers, Dom., 1657-1658, p. 26. 

3 Ibid., 206, 208, 239. 

4 Thurloe to H. Cromwell, July 17, 1657, Thurloe, VI. 41 1, 412. 

5 Ibid. 

6 H. Cromwell to Thurloe, July 15, 1657, ibid., VI. 404. 

7 Sir F. Russell to H. Cromwell, July 4, 1657, Lansdowne MS. 823, folio 145. 

46 R. C. H. Catterall 

Highncs commands to my Lord Lambert. Such passages of provi- 
dence are to be teachings to us." ' Lambert, it was said, refused to 
take the oath imposed upon members of the council, and was 
removed as a consequence. 3 His commission was surrendered on 
July 23. Whether he refused to take the oath or not is uncertain ; 
but if he did, he appears later to have expressed a willingness to 
comply. " I suppose," wrote Thurloe, " I writ your lordship, that 
. . . [Lambert] desired to serve in the councelle, and offered to 
take his oath ; that is paused upon. He is now retired in appear- 
ance. Most of the officers of the army, and those most suspected, 
shew rather satisfaction then otherwise." 3 Lambert's offer was not 

The dismissal caused an immense sensation and convinced men 
that Oliver meant to be master and probably monarch. " All men 
expected," wrote Baillie, " that when so easily Lambert was 
quashed, the next session of Parliament would have quickly made 
Cromwell king." i The act, however, remained an isolated one, 
Cromwell making no attempt to root out Lambert's adherents. 

His monarchist followers, however, could not adopt a similar 
philosophical attitude, and it cannot be doubted that they still 
worked silently towards the wished-for goal. " The little secretary " 
might in the bitter moment of defeat avow his enduring faith in the 
considerableness of "simplicity," but he could not help pursuing 
the game ; and he urged members to come up to the next session 
and complete the work. John Ashe wrote that he would strive to 
be present at the opening of the session, " that I may give my best 
assistance for the perfecting the happy settlement wch is soe much 
expected and desired by all those that love his Highnesse and the 
peace and safety of these nations.""' Lord Broghill, most perti- 
nacious of kingmakers, saw no reason to despair. He remonstrated 
earnestly with Montague, who had announced an intention of retir- 

• Fleetwood to H. Cromwell, July 14, 1657, Lansdowne MS. 821, folio 323. 
Stoopc to Marigny, August 10, 1657, Thurloe, VI. 427 ; J. R. to Colonel Whit- 
by- A^Ta' i6 S7, Cal. St. Papas, Don/., 1657-1658, p. 41 ; to John Franklin, 

a','!,-,'-..' ,6 57> ibid., 40; Third Report of the Hist. MSS. Commission, 247. See an 
interesting account by Bernardi of Lambert's dismissal, July 3 ° l6t;7, in Prayer, 

7 August 9 u ' J 

"Oliviero Cromwell dalla Kattaglia di Worcester alia sua Morte," in Atti della Societa 
Ligure di Storia Patria, XVI. (Genoa, 1882) 438. 

•''Thurloe lo 11. Cromwell, July 28, 1657, Thurloe, VI. 425. Lambert's name is 
not mentioned by 'I hurloe, but there can be no doubt that it is he to whom reference is 
made. 'I he only other who could by any possibility be intended was Sydenham. 
Sydenham, however, took the councilor's oath on July 21. Cal. St. Papers, Do??!., 
1657-1658, p. 32. 

' Baillie to Spang, [June, 1658], Robert Baillie, Letters and Journals, III. 359. 

'John Ashe lo Thurloe, December 28, 1657, Kawlinson MS. A. 56, folio 337. 

The Failure of the Humble Petition and Advice 47 

ing. From this intention " I conclude," he wrote, " the game our 
mastere is to manage is either very desperate, that you give it over, 
or very certain, since you think it needs not your help." He ended 
by urging Montague to continue in public life for the good of the 
cause. 1 That he was intent upon attempting once more to make 
Oliver king may be inferred with certainty from a letter of Henry 
Cromwell's to him, written in February, 1658. 2 

The success or failure of such plans to establish monarchy would 
depend very largely upon the composition of the new house. If its 
members were monarchists, if they were men having the confidence 
of the nation, if they were to a considerable extent members of the 
old peerage, then the object aimed at by Broghill and his adherents 
might be attained. If, on the contrary, the new house was consti- 
tuted for the most part of army men and antimonarchists, then the 
difficulty of creating a king would be immensely enhanced. But 
the importance of the new house did not cease here. Upon its 
success, one may confidently assert, depended the success or failure 
of the new government. 

The vital importance of this question escaped no one, and the 
subject was discussed in all its phases. Despite the fact that the 
Humble Petition and Advice created the new dignities only for 
life, there were not wanting those who held that the new lordships 
would be hereditary. The writs to be issued would certainly 
create the recipients lords, asserted the supporters of monarchy. 
Philip Jones, writing to Montague, informed him that his '■' writt of 
the 20th of January" made him "a Baron as the learned lawers 
say, . . . but sure our Petetion and Advice makes it but for life." 3 
On the other side, it was said by those not so near to the springs of 
information that the judges had declared that no legal writ creating 
barons could be issued until Cromwell became king. 4 This was 
probably the opinion of the majority of the lawyers. Prynne, who 

1 -Broghill to Montague. November 20, 1657, Thurloe, VI. 622. 

2 " As for the reviving, etc., I am really at my wit's ends. You cannot but imagine, 
that too near concernment, and my imperfect knowledge of affairs, make me incapable 
of advising any thing hereupon. But I rely upon your lordship's wisdom and integrity 
herein, and shall earnestly beseech the Lord to encrease it upon this most difficult attempt 
of your lordship." H. Cromwell to Broghill, [February, 1657/8], ibid., 790. 

3 Philip Jones to Montague, December 22, 1657, Carte MS. 73, folio 125. 

4 " The Judges being lately required by his Highnesse to make the forme of writt 
whereby the intended members of the other House might be called to sit in parliament, 
their answer was that until his Highness did accept. of the title of King noe legall writs 
could be made, nor house of Peeres constituted." News-letter, November 17, 1657, 
Clarke Papers, III. 1 27. 

" They may not take their new honors till Cromwell has assumed the title of King, 
. . ." T. Mompesson to [Secretary Nicholas], January 4, 1657/8, Cal. State Papers, 
Dom., 1657-1658, p. 255. 

4 8 R. C. H. Catterall 

could not long remain silent, busied himself with a new edition of 
his treatise A Plea for the Lords and House of Peers, wherein he 
argued that all the old nobility had an undoubted right to sit in 
Parliament, and that all the judicial powers of Parliament were 
vested in the king and the House of Lords. 1 

In this state of affairs it was of prime importance that the men 
who were to compose the new house should be selected with the 
utmost skill and wisdom. The task of selection, however, was no 
small one, the difficulty proving " great between those, who are fitt 
and not willinge to serve, and those who are willinge, and expect it, 
and are not fitt." 2 " I doubt," wrote Montague with gloomy fore- 
bodings, " divers whom I could (and I beleeve yr Lo' ,p also) wish 
were of it will not middle, and noe doubt divers others will readily 
supply theire places. I heartily wish it otherwise." 3 Undoubtedly 
Montague's chief doubts were in relation to the old nobility, and 
here he was justified. It is conceivable that the peers summoned 
would have been willing to sit had the summons come from a king. 
It can hardly be doubted, too, that many more of them would have 
been summoned if Oliver had been king instead of protector. As 
it was, the old peers, even those friendly to Cromwell, would not 
answer his summons. 4 Even the Scotch lords would not sit. Only 
Warriston and Lockhart represented Scotland ; " Cassilis disdained 
it. " 5 As might be expected, those men who had most strongly 
supported the new kingship were also unwilling to take part. 
For instance, Pierrepoint and St. John were nominated, but did 
not sit. 

Under these circumstances Oliver did the best he could. He 
was of course bound to compromise, and consequently selected 
men of all parties. Had he been bent upon becoming king, this 
would hardly have happened. The choice of Hazelrigg seems al- 
most ludicrous ; the selection of Pride and a score of the keenest 
opponents of the kingship must have seemed folly to men like 
Thurloe. Oliver, it is true, consulted representatives of all parties : 

1 Prynne's treatise, A Plea for the Lords and House of Peers (London, May, 1658), 
first published in 1647, now in a "much augmented" form (518 pages) on account of 
the "late loud unexpected lutes at Westminster of, a New King and House of Lords, 
under the Name, Notion of Another House." Thomason Tracts, E. 751. 

2 Thurloe to II. Cromwell, December I, 1657, Thurloe, VI. 648. 

'Montague to II. Cromwell, December 5, 1657, Lansdowne MS. 822, folio 

1 Not even the Karl of Warwick, with whom he was connected by marriage. For 
this attitude of the old peers see the letter of Lord Say and Sele to Lord Wharton, Decem- 
ber 29, 1657, English Historical Review, X. 106, 107. Only one member of the old 
I- 1 rage sat. 

5 Baillie to Spang, [June, 1658], Baillie, III. 359. 

The Failure of the Humble Petition and Advice 49 

Montague, 1 his council, 2 Pierrepoint, 3 and probably al! of his close 
friends of both factions. Naturally, after puzzling over the matter 
for weeks he ended by dissatisfying everybody. On December 8 
Thurloe wrote in evident disgust, " I begin to guesse who they are 
like to' be ; and I am content your excellencye should receive them 
by any other hand." 4 In January Henry Cromwell Avrote sadly to 
Broghill, " If you had been there time enough, your lordship might 
have been carpenter of a better house." 5 When finally the selection 
was made, Thurloe was so exasperated that he apparently neg- 
lected of set purpose to send the list to Henry Cromwell. 15 His in- 
dignation was undoubtedly occasioned by the conviction that the new 
house would prove itself an insurmountable obstacle to the erection of 
a monarchy. 

Most people felt that if the old lords honored the new house by 
their presence, it would be enormously strengthened and might 
succeed. Their attitude, therefore, was scrutinized closely by all 
parties. " Some say the lords Warwick, Manchester, Wharton and 
others are not inclined to sitt," wrote Needham on January y. 1 
" Some of our other howse, it seemes," wrote Fleetwood, " have not 
a minde to sitt with us, upon the account of the hereditary peer- 
age "; s and Thomas Fox on January 23 notes that " Not any of the 
old Lords come in yet." 9 The lords did not come, and the failure 
gave a weapon to the opposition of which they availed themselves. 
They would not recognize the new house as a House of Peers, and 
laid particular emphasis upon the fact that the old nobility did not 
appear there. 1 " 

The new government was therefore foredoomed to failure, and 
this failure was made absolutely certain and irretrievable by the 
composition of the House of Commons. The Cromwellians there, 
weakened by the transfer of many of their ablest men to the 
other house, and still further by the admission of the formerly 

1 " My opportunityes wth his Highnesse are not manye nor is my judgement fitt to 
advise him but I have not spared to speake as occation hath beene offered unto mee." 
Montague to H. Cromwell, December 5, 1657, Lansdowne MS. 822, folio 295. 

2 Clarke Papers, III. 127 ; Thurloe, VI. 630; Fleetwood to H. Cromwell, Novem- 
ber 24, [1657], ibid., 631. 

3 H. Cromwell to Thurloe, November 25, 1657, ibid., 633. 
4 Thurloe to H. Cromwell, December 8, 1657, ibid., 665. 
5 H. Cromwell to Broghill, January 13, 1657/8, ibid., 745. 
6 H. Cromwell to Broghill, ibid. 

7 Needham to Swift, January 7, 1657/8, ibid., 734. 

8 Fleetwood to H. Cromwell, January 16, 1657/8, ibid., 752. 

9 Thomas Fox, January 23, 1657/8, Stowe MS. 185, folio 123. 

10 " Scrupling to owne all of them as Lords, especially seing the Earles of Warwick 
Mulgrave and Manchester the Lo : Wharton and Lo : Say did not appeare there." 
Letter to Lord Wharton, January 27, 1657/8, Carte MS. 103, folio 86. 

AM. HIST. REV., VOL. IX. — 4. 

5 o R. C. H. Catterall 

excluded members, had no strength to resist the attacks of their 

Cromwell foresaw none of the difficulties, and opened the second 
session of his Parliament in good spirits, being perhaps the one man 
who had complete confidence in the new frame of government. 
" We hope we may say," he exclaimed, " we have arrived at what 
is much beyond our expectations." The Petition and Advice had 
restored to the nation both its civil and its religious liberties, and for 
that he was sure they had "all cause to bless God." x By impli- 
cation he avowed the new house to be a house of peers, addressing 
the assembled houses as " my Lords, and Gentlemen of the House 
of Commons," and speaking of the protest of the bishops against 
laws "made by this House and the House of Commons." 2 He 
urged them in conclusion to be " the repairers of breaches, and the 
restorers of paths to dwell in." 3 

The opposition in the House of Commons, however, was not 
anxious to repair breaches. On the contrary, it assaulted the 
Humble Petition and Advice by refusing to acknowledge the other 
house as a House of Lords. Day after day the question of the 
powers of the "other house" was debated, and "confusion worse 
confounded " held sway. On January 25 Cromwell appealed to 
the houses to go forward in the important work which lay before 
them, solemnly asserting, " I conceive the well-being, yea the being 
of these nations is now at stake." He then pointed out the polit- 
ical situation and its dangers at home and abroad, attempting espe- 
cially to arouse feeling for the condition of Protestants on the con- 
tinent. Concluding this head, he spoke strongly and with a direct 
appeal concerning the religious and political divisions at home, urg- 
ing the houses " to uphold this settlement, which I have no cause 
to think but you are agreed to and that you like it." Over and 
over again in the most solemn language he adjured them to pre- 
serve peace and amity. 

We have peace and the Gospel. Let us have one heart and soul, 
one mind to maintain the honest and just rights of this nation, . . . 
I beseech you and charge you in the name and presence of God, and as 
before him, be sensible of these things and lay them to heart. ... If 
God shall [not] unite your hearts and bless you, and give you the bless- 
ing of union and love one to another, and tread down everything that 
riseth up in your hearts or tendeth to deceive your own souls with pre- 
tences of this and that thing that we speak of, and [if you do] not prefer 
the keeping of peace, that we may see the fruits of righteousness in them 
that love peace and embrace peace, it will be said of this poor nation, 
. h in in est ilf Anglia.* 

'Speei li of January 20, 1657/8, Stainer, 357-359. 

"'■ I /ml., 362. 

■■■ Ibid., 365. 

'Speech of January 25, 1657/8, Stainer, 365-387. 

The Failure of the Humble Petition and Advice 5 1 

It was in vain, however. The republicans were resolved to set 
all in confusion, and they were at this very moment immensely 
strengthened by the accession of Lambert and Hazelrigg. These 
two appeared in the House for the first time on January 25, 1 and 
Hazelrigg immediately took the leadership of the republican party. 
On the other hand, Oliver seemed determined to have the " other 
house" recognized as a House of Lords. Neither side would yield 
in the slightest degree. Oliver's insistence apparently precipitated 
the crisis. On January 28, in answer to a committee of the House 
of Commons, which requested directions concerning the printing of 
his speech of the twenty-fifth, he refused bluntly to give such direc- 
tions, on the ground that such action might be a breach of the 
privileges of the other house. He gave the committee distinctly to 
understand that the other house must be recognized as a House of 
Lords if he and Parliament were to agree. 3 After this, compromise 
was impossible. 

Despite the hopelessness of the situation, the effort to make 
Cromwell king was resumed. On January 28 Major Beake and 
Colonel Shapcott moved to debate the title of Protector, and the 
status of the " other house." 3 On February 2 Sir John Trevor moved 
a return to the old constitution with kings, lords, 4 and commons. 
On the following day Mr. Gewen moved that kingship should be 
reestablished, 5 and was supported by Colonel Cox. 1 ' There was no 
heart, however, in this renewal of the old attempt. The leaders of 
the monarchists remained silent, and indeed it was perfectly plain 
that for the present nothing of the sort could succeed. 

In short, the situation was absolutely desperate. " I am 
amazed at proceedings," wrote Henry Cromwell, " and have a kind 
of dread in considering them." ' On the same day he appealed to 
Fleetwood " to incline to what is rational and consistent .... to 
seek the peace of these distressed and distempered nations." There 
was certainly cause for amazement and dread, for the antimonarch- 
ists had struck upon a bold — one may say a seditious — plan to 

1 Fauconberg to Lockhart, ^ ""' ~° , 1657/8, Thurloe, VI. 757. Hazelrigg' s action 
was all the more significant because he had been nominated to the upper house. 

2 Speech of January 28, 1657/8, Stainer, 387, 388. " I say the House of Lords." 
Burton, II. 380. "His Highness has resolved to have it by that title." Bodurda, 
February 4. 1657/8, ibid., 442. 

* Ibid., 377 ff. 
i Ibid., 412. 
5 Ibid. , 424. 
6 Ibid., 437. 

7 H. Cromwell to Broghill, February 3, 1657/8, Thurloe, VI. 775. 

8 He adds, " I need not' tell you the effects of a breech, of a new unsettlement at this 
time, when our wants are so very great." H. Cromwell to Fleetwood, February 3, 
1657/8, ibid., 774. 

5 2 R. C. H. Catterall 

restore the Commonwealth by a union between the disaffected part 
of the army, the sectaries, and the opposition in Parliament. 1 
The movement culminated in the drawing of a petition to Parlia- 
ment, praying for the restoration of the Commonwealth. The 
principal points aimed at were (i) to secure to the people "the 
constant succession of Free Parliaments duely chosen," and (2) to 
secure the " unquestioned Supreme Power to the said Parliaments." 
This petition was openly circulated, some fifty copies being printed 
for the purpose, and it was signed by many thousands of people in 
and about London. 3 The leading actor in its promulgation was 
apparently John Weaver, a noted Commonwealth's-man, who with 
several of his party " made it their buissinesse to perswade to a com- 
monwealth, and were confident, that they should carry it ; and the 
petition . . . was to be the first occasion for the debate of it in 
the house ; and a cheife man of them useinge arguments to another 
very considerable person to engage with them for the old parlament, 
and beinge answered, that it was impossible, because the army was 
against it, he replycd, that he would take it upon him, that the army 
would declare for it, and that he knew they had beene tryed in 

1 "About which time also, a Petition was preparing, by some faithfull Friends to the 
good old Cause, in, and about the City of London, which was afterward printed, and 
signed with many thousand Hands ; which Petition makes Mention of the severall Par- 
ticulars that were the Grounds of Contest between the late King, and Parliament, and 
the good people of the Nation. And prayeth, ' The Settling those good Things fought 
for, as the Reward and Fruit of the Blood and Treasure so greatly expended in the late 
Wars, etc' This Petition was ready to be presented to the Parliament, in a peaceable 
Way, by the Hands of about Twenty in the name of the rest, desiring to submit the Issue 
thereof to God, and the Wisdom of that Assembly." A Second Narrative of the late 
Parliament [so galled) in Harleian Miscellany (edition of 1745), III. 450. 

2 The following is an abstract of the petition : Objects. (1 ) to secure to the people 
(a) " the constant succession of Free Parliaments duely chosen," and (/') " unquestioned 
supreme power to the said Parliaments"; (2) the militia to be settled, and people and Par- 
liaments protected against improper use of said militia ; (3) no money to be levied with- 
out consent of Parliament "; (4) (a) that " the peoples persons and Estates may be onely 
subject to be disposed of according to the Laws of the Land," and (b) " speedy con- 
sideration had of the long Imprisonment of many persons well-affected . . . without any 
due prosecution "; (5) officers and soldiers not to " be turned out of their respective im- 
ployments without a legall Triall at a Court-Martial." A Trice Copy of a Petition Signed 
by very many Peaceable and Well-affected People, Inhabiting in and about the City of 
London, and intended to have been delivered to the late Parliament, Thomason Tracts, 
E, 743:5. March II, 1657/8. 

•■"'The Petitioners did not carry on their businesse in a secret underhand way, but 
openly ; . . . and the Petition being framed and agreed unto, . . . about 50 copies 
were printed and dispersed in order to Subscription, and in a few dayes (notwithstanding 
many frowns from Grandees, and a numerous Army then quartered in and about the Citty 
to Hi'' terrour of very many) it was signed by many thousands, and ready to have been 
presented by a few (under a score) in the name of the rest." P/id. The similarity of 
the language here and in the Second Narrative, where this matter is treated, would lead 
to lb'- supposition that either the writers were the same, or the author of the Narrative 
had this pamphlet before him when he wrote. 

The Failure of the Humble Petition and Advice 53 

it." l According to Bordeaux the petition was largely the result of 
the. bitter opposition of the sectarian clergymen, who " excited " the 
Commonwealth's-men to present the petition, and " spake high and 
openly against the government of his highness." 2 That the move- 
ment was wide-spread may be safely asserted. The commander of 
the garrison at Hull wrote Cromwell that his opponents there 
" were very high before the desolution of Parliament, haveing un- 
doubtedly a dangerous designe in agitation." s 

No movement so serious for Cromwell's regime had hitherto 
been started. The Cavaliers, Fifth Monarchy Men, and the Com- 
monwealth's-men had opposed him persistently and bitterly, but 
without securing much support. The attempt to erect a kingship, 
however, had consolidated the Commonwealth party, had driven 
many men hitherto friendly to Oliver into its ranks, and for a 
moment had united all opponents excepting only the Cavaliers. 
The boldness of the petition for the overthrow of the government 
went far beyond anything hitherto conceived, yet undoubtedly the 
petition itself was the direct result of the officers' petition of May, 
1657. If the army could petition unrebuked for a certain form of 
government, why might not the supporters of a commonwealth do 
likewise ? 

The immediate result was the dissolution of Parliament. 4 Crom- 
well, to the surprise of everyone, in a rage summoned the two 
houses, and arraigned the Commons in a speech which revealed 
the bitterness of his soul, and his conviction that the new settlement 
had fallen in ruins. " I looked," he said, " that the same men that 
had made that frame would have made it good to me when I came 
to act your Petition and Advice." Otherwise he would have pre- 
ferred to live " under a woodside to have kept a flock of sheep, 
rather than to have undertaken such a place as this was." But he 
had taken it only because he had expected settlement, and " the 
safety of the nations," as was well known to " all that did advise and 
petition . . . and I am failed in these terms." They had refused to 

iThurloe to H. Cromwell, July 13, 1658, Thurloe, VII. 269; Bordeaux to 
Mazarin, February — , 1657/8, ibid., VI. 77§ ! Bordeaux to Brienne, February - -, 1657/8, 
ibid., 779. Bordeaux here agrees with Thurloe in the general facts. 

2 Bordeaux to Mazarin, February — , 1657/8, Thurloe, VI. 778. 

3 C. Ff. Smith to Oliver Cromwell, February II, 1657/8, Rawl. MS. A. 57, folio 312. 

4 Thurloe to H. Cromwell, July 13, 1658, Thurloe, VII. 269; Second Narrative, 
Harleian Miscellany (edition of 1745), III. 450 ; J. Berners to E. H., Eng. Hist. 
Review, VII. 106, 107 ; Bordeaux to Mazarin, February — > 1657/8, Thurloe, VI. 778 ; 
Ludlow (Firth's edition), II. t,^; Bernardi, -M-Tf t~' 1657/8, Prayer, 469; Payne to 
Nieuport, February jj> 1657/8, Thurloe, VI. 781. For the surprise which Cromwell's 
act gave, even to his council, see Fauconberg to H. Cromwell, February 9, 1657/8, 
ibid., 788; Ff. Cromwell to Lord BroghiU, February 17, 1657/8, ibid., 811. 


R. C. H. Catterall 

recognize the " other house "; they had refused to carry out the new- 
government in accordance with their oaths. Had they settled that 
government, " not to make hereditary Lords nor to make hereditary 
King or Kings — ye had had a basis to stand upon," and " if there 
was an intention of settlement you would have settled upon this 
[basis] to have altered or allayed. . . . But this hath not ben done, 
it hath not. . . . Instead a new business hath been seeking in the 
room of this, this actual settlement, settlement by your consent .... 
really, designing a Commonwealth, that some tribune of the people 
might be the man that miglit rule all. This hath been the business 
really. I am sorry to say it, but I think the meanest people that 
go about the streets take notice of it. This is the business ; but is 
this all ? They have engaged, or persuaded others to engage to 
carry that thing on ; . . . We have known these things have been 
designed, we have known attempts have been made in the Army 
to seduce them, and almost the greatest confidence hath been in the 
Army to break us and divide us. . . ." There were endeavors, too, 
" from some not far from this place to stir up the people of this 
town into tumultings, what if I said rebellion. . . . Yea, and to draw 
the Army to the state of a question, a Commonwealth, a Common- 
wealth." These things being so, " I do declare to you here, that 
I do dissolve this Parliament. Let God judge between you and me." 1 

So ended in complete failure the attempt to settle the govern- 
ment under the Humble Petition and Advice. That it was failure 
was everywhere recognized. The writer of the Second Narrative 
jubilantly asserted that had Parliament continued to sit, it might have 
"overvoted the Lovers of Freedom, and so have perfected their In- 
strument of Bondage, and rivetted it on the Necks of the good 
People for ever by a Law, and thereby made them Vassals and 
Slaves perpetually. But hitherto the Lord hath, in a great meas- 
ure, frustrated their wicked Designs, blessed be his holy name." 2 

The part which the failure to define clearly the status and func- 
tions of the " other house " had played in this unexpected outcome 
was obvious to all. Josias Berners, writing to his cousin John 
Hobart, a steady and thorough supporter of the kingship, upbraided 
the monarchists for their neglect. It was a wonder, he asserted, 
that wise men should have spent so much time upon a title, a mat- 
ter " merely extrinsicall," while neglecting to build the main struc- 
ture, a house of lords, upon a sure foundation. "See," he ex- 

1 Stainer, 388-397. The "Amen episode," so well known, is vouched for in the 
Philips manuscript, printed in the Old Parliamentary History; in the Clarke manuscript, 
Stainer, 483; and by Baillie to Spang, [June, 1658], Baillie, III. 360. 

1 A Second Narrative, Harleian Miscellany (edition of 1745), III. 452. 

The Failure of the Humble Petition and Advice 55 

claimed, " howe many badd conseqifences doe, and hereafter must 
follow." : Friends of the project for kingship and a restored House 
of Lords hoped that "the vanity of Messages and Messengers dur- 
ing the last fortnight's sitting " would free them forever from half- 
hearted expedients which could never provide settlement. 2 Un- 
doubtedly the criticism was to the point, but nevertheless the 
monarchists were not to be upbraided with neglect, for, as has 
already been pointed out, they had done the best that they could. 
Their blamelessness, however, could not save the situation. The 
" other house " could hardly hope to recover from its colossal 
failure, totally disowned as it had been by almost everyone con- 
cerned. 3 

There were many conjectures as to what Oliver would do next, 
but the prevailing opinion seems to have been that he would call a 
" great council," which should "manage the affairs of the nation." ' 
It is quite possible that this expedient was suggested. Before any- 
thing final could be done, however, the government had to be cer- 
tain that its existence was for the present assured. Oliver's first 
step, therefore, was to appeal to the army and to the city for sup- 
port. On February 6 he addressed the officers at Whitehall, urging 
those who could not "in conscience conform to the now govern- 
ment" to speak out, and expressing the hope that they would still 
be able to go along together as in the past. The officers declared 
themselves satisfied and promised their support.'' So, too, the city 
officials, when appealed to, renewed their pledges of fidelity and 

1 Josias Berners (?) to Tohn Ilobart, no date, no signature, Tanner MS. 51, folio 3. 

2 A Petitionary Epistle directed to the Lord Protector and People of the Common- 
wealth of England, Scotland, and Ireland, to Continue in Unity, March 19, 1657/8, 
Thomason Tracts, E. 743, 7, p. 4. 

3 There was much pertinency in the description of the situation as sketched by an 
opponent of the " other house " in 1658 : 

" The other House constituted by it, when summoned, was totally disowned I — By 
the Commons themselves who created it by this Petition and Advice ; yet would not ac- 
knowledge, but disclaimed it when erected ; And if these Creators would not own this 
their mungrell ill compacted new creeture, there is no probability, that any future Knights, 
Citizens, or Burgesses will approve or submit unto it : 2ly, By the antient Peers, and 
most Gentlemen of Estate and Interest summoned to this other House, who refused to sit, 
or own it at the first, upon such terms as will engage them to disown it for the future, and 
not to appear therein though summoned. 3ly, By the generality of the people, who dis- 
relished, and made no adresses to it upon any occasion 4ly, This House and last Con- 
vention were thereupon suddenly dissolved by him that called and constituted them, as 
seeing no hopes nor possibilities of reconciling or uniting them ; Therefore none else can 
possibly hope to peece or unite them in any New Convention summoned acording to this 
Petition and Advice.'" A Probable Expedient for present and future PuLliqut St tt le- 
nient, November, 1658, Thomason Tracts, E. 766, 4, p. 2. 

4 Bordeaux to Mazarin, February T 4 ^, 1657/S, Thurloe, VI. 778. Hartlib wrote to 
Pell to the same effect. 

5 Stainer, 398. See also his notes on this speech. 

5 6 R. C. H. Catterall 

aid. 1 Late in March the assurances of the officers of the English 
arm}' took form in an address signed by 224 of them. 2 In this they 
assured Cromwell that " notwithstanding the base Calumnies and 
Lies . . . dispersed throughout the whole Nation " to the effect 
that the army was divided, and disaffected to the Protector, they 
remained " firmly united one to another, and all of us to your 
Highnesse, as our Generall and Chief Magistrate." They made it 
their " earnest and humble request" that he would continue the 
work of settlement until they had attained " the great ends of all 
our former engagements, our civill and spirituall liberty." These 
ends, they were confident, were " already in a good measure well 
provided for, by The Humble Petition and advice." They did 
" freely and heartily engage " to support the Protector with their 
lives in the " further prosecution of the great work " upon which he 
was engaged.'' It is plain from the contents of this petition and 
from the signatures attached to it that Cromwell had nothing to 
fear from his army ; and this was Thurloe's conviction even before 
the address was presented.' 1 Equally reassuring were the addresses 
from the armies in Scotland and Ireland. The Irish army, in fact, 
went even further than the English in their pledges of allegiance to 
the Protector in his government/' 

Nevertheless, the army was far from being satisfied throughout. 
Major Lowe, in Ireland, for instance, refused to sign the address of 

'Thurloe to H. Cromwell, March 16, 1657/8, Thurloe, VII. 4 ; Mercurius Politicus, 
March 17-24, 1657/8. See Oliver's speeches to the Mayor, etc., in Stainer, 398-401. 
Addresses of the Commissioners for the city militia and the Colonels of the train bands, 
in Mercurius Politicus, April 17-24, 1658. 

2 H. W. to , March 25, 1658, Clarke Papers, III. 144. 

3 A Purl her Narrative of the Passages of these times in the Common- Wealth of Eng- 
land, printed by M. S. for Thomas feuuer, 50, 51. The date of the petition is March 
27, 1658. 

4 Thurloe to Lockhart, March i|, 1657/8, Thurloe, VI. 863; to Downing, March 
%, 1657/8, ibid., 871 ; to Lockhart, March ijj, 1657/8, ibid., VII. 3; to II. Cromwell, 
March !|, 1657/8, ibid., 4. 

r 'See II. W.'s news-letter, March 25, 1658, Clarke Papers, III, 143-145; officers 
of Colonel Wilks's and Colonel Fairfax's regiments, Dalkeith, February 27, 1657/8, 
Mercurius Politicus, No. 406, pp. 373-374; officers of Colonel Talbot's and Lord Gen- 
eral Monk's regiments, Dalkeith, March 3, 1657/8, Public Intelligencer, No. 115, p. 379 ; 
officers of Colonel Read's regiment, Mercurius Politicus, No. 407, p. 384 ; officers of 
Colonel Mitchel's regiment, Dundee, March 8, 1657/8, Public Intelligencer, No. 116, p. 
396; officers of Colonel Robert Lilburne's regiment, Mercurius Politicus, No. 409, p. 
415 ; " Officers of your Highness Army," presented by Lord Charles Fleetwood, March 
27, 1658, ibid., 419; officers of Colonel Ralph Cobbet's regiment, Public Intelligencer, 
No. nS, p. 415 ; Major General Thomas Morgan and the commissioned officers of the 
forces in Flanders, April 4, 1658, ibid., p. 428; garrison of Inverlochy, Mercurius 
Politicus, No. 410, ]). 431 ; Major-Ccneral Morgan and regiment in Scotland, ibid., No. 
411, p. 455 ; Colonel Francis Hacker and regiment in Scotland, ibid., p. 461 ; from the 
army in Ireland, Public Intelligencer, June 14-21, 1658, No. 130, p. 613. 

The Failure of the Humble Petition and Advice 57 

the army there because a clause therein seemed to him clearly to 
urge kingly government. 1 The officers of Cromwell's own regi- 
ment, all Anabaptists, were most recalcitrant, and declared them- 
selves not "free" to subscribe fully to the address of the English 
army. Cromwell reasoned with them, and finding them to assert 
steadfastly that they would adhere to "the good old cause," re- 
quested them to define that " cause," and to mention " one par- 
ticular, wherein he had departed from it," at the same time telling 
them what he thought the cause was. Despite repeated requests 
for clearer declarations, however, the officers would not attempt 
any such definition. Only it was plain that the present government 
did not square with their conception of "the good old cause." 
The real difficulty, Colonel Packer afterwards declared, was their 
unwillingness to acknowledge the " other house " ; "they could not 
say that was a House of Lords." 2 Failing to get satisfaction from 
them, Cromwell dismissed the six principal officers of the regiment ; 3 
and having thus made a beginning, he continued to cashier ill- 
affected officers. All those "through the nation" who were 
"abettors of a late petition" for the Commonwealth were ousted/ 
" Many in the army," says Baillie, "both in Scotland and England, 
are cast out."° Clearly Oliver intended that no backward step 
should be taken. While the Protectorate stood, allegiance must 
be given to it, as well in the army as out of it. Not less obvious 
is it that all this cashiering tended to encourage the civil-govern- 
ment party and renew the hope that Cromwell would be king. 

Kingship was probably now the only solution for the difficulties 
which beset the government, and it was generally expected. A 
new Parliament, it was said, would be called, but a Parliament in- 
cluding the old lords, and the Commons elected by the old con- 
stituencies. Whether the old lords were to be summoned or not 

1 U. Cromwell to Thurloe, March 24, 1657/8, Thurloe, VII. 21. H. Cromwell 
promptly dismissed Lowe from the army. H. Cromwell to Colonel Cooper, May 19, 
1658, ibid., 142, 143. 

2 Burton, III. 165-166. 

3 Thurloe to Monk, February 12, 1657/8, Clarke Papers, III. 140; to Lockhart, 
February -. 1657/8, Thurloe, VI. 793; and to H. Cromwell, February 16, 1657/8, 
ibid. , 806, 807, which gives the facts as here stated. 

4 Wainwright to Bradshaw, February 19, 1657/8, Sixth Report of the Hist. JlfSS. 
Commission, 442. Wainwright speaks again of further cashiering in a letter of March 5, 
id id. 

5 Baillie to Spang, [June, 1658], Baillie, III. 360. 

6 " You will have a Parliament called in short time of real Lords and Commons, 
according to the [ — ] will of the nation." Wainwright to Bradshaw, February 12, 1657/8, 
Sixth Report of the Hist. MSS. Commission, 442. Again on February 19, "shall have 
a Parliament once within nine months, called and constituted according to the ancient 
rights of the nation in the late King's time ; . . . The ancient burroughs and cities their 
ancient number, and the Peers of the nation that have not forfeited their rights." Ibid. 

5 8 R. C. H. Catterall 

it is impossible to say, but certainly the old unreformed system of 
elections to the Commons would prevail, since the Humble Petition 
and Advice had not adopted the reformed plan embodied in the 
Instrument. In any case Cromwell intended to have a new Parlia- 
ment as soon as possible. 

The question of calling a new Parliament came up immediately 
after the dissolution of the old one. Broghill wrote Henry Crom- 
well in February that another Parliament was in contemplation. 1 
On February 23 Fleetwood wrote that Cromwell's illness was the 
reason for doing nothing at present. 3 On March 2 he again wrote 
that the question of settlement was being discussed, and that in his 
opinion they would "suddenly have a parliament." The question 
had been debated thoroughly. "All wayes" had " great difficultyes 
in them, but this the least, though full of intricacyes." 3 It is plain 
that Fleetwood favored a Parliament, but that others in the council 
strongly opposed it. Indeed, the question was so far from being 
settled at this time that Fleetwood added a postscript to his letter 
saying that "since the wrighting of the former lines" it had become 
doubtful which way they would take. In brief, the struggle be- 
tween monarchists and antimonarchists still went on. The anti- 
monarchists were opposed to having a Parliament and wished to 
raise means for carrying on the government by laying an extra- 
ordinary tax upon the Cavaliers. 4 Unquestionably Desborough 
was the leader of this faction, 5 though he was certainly not sup- 
ported by Fleetwood." Until March 30 the discussion, according 
to Thurloe, was "tossed up and downe amongst comitees of 
severall sorts" and then had "at last come to the councell." The 
exact position of parties is well described by him : " They inclyne 
to a parlament, if they can agree what to aske the parlament, and 
what to submitt to, that shall be done by them and his highnes." 
Thurloe would give no opinion " because I see what some persons 
enclyne to, and what they thinke of a parlament and of such a way 
of settlement, as a parlament (if well-minded) may bringe forth." 7 
Two weeks later he wrote in a similar strain. There could be no 
doubt that a Parliament would be decided upon immediately, but 

1 " I am glad there is any hopes of another parliament." H. Cromwell to Broghill, 
February 24, 1657/S, Thurloe, VI. 820. 

2 Fleetwood to II. Cromwell, February 23, 1657/8, ibid., Si 7. 
'Fleetwood to II. Cromwell, March 2, [1657/8], ibid., 840. 
'I hurloe to II. Cromwell, March 30, 1658, ibid., VII. 38. 

MI. Cromwell to Broghill, [February, 1658], ibid., VI. 790; same to same, April 
7, 1658, ibid., VII. 56. 

sSame to same, March 24, 1657/8, ibid., 21, 22; Fleetwood to H. Cromwell, 
April 27, 1658, ibid., too; same to same, May 24, 1658, ibid., 144. 

'Thurloe to II. Cromwell, March 30, 1658, ibid., 38. 

The Failure of the Humble Petition and Advice 59 

for "the feares in some honest men, that they will settle us upon 
some foundations : and the doubts of some other, that if those 
feares still prevayle, and soe disappoint a settlement, that then a 
parliament will ruin us." 1 Here in a sentence he revealed the 
entire situation. It was kingship or ruin, from the point of view of 
Thurloe and Broghill ; it was kingship and ruin, from the point of 
view of Desborough and Sydenham. Hence, the calling of a 
Parliament was not to be rashly adventured. Some agreement 
between the pros and cons must first be attained. Significant, how- 
ever, is the readiness of Cromwell and his royalist supporters to 
summon a new Parliament, for it showed clearly their confidence 
that such a body would be with them, and that public opinion sup- 
ported the proposal of kingship. 2 

It is evident that the opponents of kingship feared that a 
Parliament would make Cromwell king, and were determined to 
obstruct by every means in their power the calling of a Parliament. 
Not only so, but they were bent on suppressing the monarchists as 
far as possible. They wished to exclude Montague from the 
council and to hinder Fauconberg from receiving a commission in 
the army. 3 In these circumstances the only policy for the royalists 
was precisely similar, namely, that of purging the army and council 
of their opponents. Henry Cromwell and undoubtedly Broghill 
were anxious to have this policy carried through. The former 
wrote : 

The calling of a parliament signifys nothing, untill the army be 
sufficiently modelled ; for that being full of its humours makes the honest 
party timorous, and the other insolent in their respective proposalls ; 
... I say, the well-framing of the army would insensibly temper, and 
keep steady the parliament, which no doubt would provide well enough 
for a councill. The policy of those, who would keep out honest 
Montagu, etc. is not to be disallowed. I must say, I commend them for 
their witt ; but think withall, that the over-ballancing of these politicians 
themselves is to be endeavoured ; . . . We have ebbed and flowed long 
enough already. 'Tis now time, as your lordship says, that affairs should 
run one way or other in a quick current, and, if God so please, to settle- 
ment. The intimacy you mention of Fleetwood and Disbrowe with 
Lambert I do not like ; for when such as they dare correspond with such 
as hee, it argues their power to be greater than one would wish, though I 

1 Thurloe to H. Cromwell, April 27, 1658, ibid., 99. 

2 This confidence in Parliament is worth noting. It has often been said that 
Cromwell failed utterly with his Parliaments and could not get along with any. This 
was evidently not the opinion of Broghill, Thurloe, or Henry Cromwell. As the 
Parliament of 1656 had been more favorable to Oliver than that of 1654, so the next 
would probably be more favorable still. Much of this confidence was perhaps based on 
the fact that the next Parliament would be elected on the old basis. The result was seen 
in Richard's Parliament. 

S H. Cromwell to Broghill, March 10, 1657/8, Thurloe, VI. S58. 

60 R. C. H. Catterall 

hope no greater then of all the rationall and interessed men of the 3 
nations, who, I am confident, will not comply with their designs. x 

The army was the instrument which needed mending first of 
all ; and that must be done by the Protector. As already seen, 
Oliver had proceeded to some extent in that direction, though 
Henry Cromwell wished a much more thorough purging. Next 
in importance was the reform of the council, but if the army was- 
once put on a proper footing, no doubt Parliament would rectify 
aught that was amiss in the council. The antimonarchical members 
should be ejected and monarchists taken in. Montague, Broghill, 
Pierrepoint, St. John — these Henry would have taken in ; Syden- 
ham, Desborough, Fleetwood — these Henry would have cast out. 
Meanwhile Lambert was again becoming a factor in politics, and 
Fleetwood and Desborough were coquetting with him. Action, 
immediate and decisive, was necessary. No more compromises. 
" We have ebbed and flowed long enough already." 

The discussion over the calling of a Parliament was continued 
through the first half of April, and was participated in by a council 
of the army. 2 By April 20 the civil-government party had so far 
overcome their opponents that the calling of a Parliament had been 
resolved upon, though the date of its summons and the nature of 
the business to be laid before it were still undetermined. 3 The 
struggle between the contending factions was to be waged about this 
latter subject — or in other words, over the proposal to allow Par-* 
liament to proceed to any settlement it pleased. Such a settlement 
would probably mean kingly government. 

This was the general opinion, and it must be obvious that the 
failure of the last Parliament had strengthened the determination of 
the monarchists to make Cromwell king. As early as February 24 
Henry Cromwell wrote to Broghill, " I trust his highness will bring 
the army to such a state, as that there may be no danger of them, 
whilst his friends in parliament are hammering out our settlement." 4 
Further letters of Plenry's written in April and May leave no doubt 
that lie and Broghill were still of the opinion that kingship could 

1 II. Cromwell to Broghill, March 10, 1657/8, ibid., 85S. See also H. Cromwell 
to Thurloe, March 10, 1 657/8, ibid., 857. 

2 "The Privie Council! of his Highnesse, and another Councell of the army have 
been this weeke in debate of great business of calling a Parliament (which it's thought 
will sitt in May next), and likewise of a more future and more absolute settlement, 
then tin; Petition and Advice doth hold forth." G. M.'s News-letter, April 3, 1658, 
Clarke Papers, III. 145. 

:l " K is resolved on: but when uncertain." Fauconberg to H. Cromwell, April 
20, 1658, Thurloe, VII. 85. On the same day Thurloe wrote that Parliament would 
probably \><: summoned " very shortly." Ibid., 84. 

4 II. Cromwell to Broghill, February 24, 1657/8, ibid., 820. 

The Failure of the Humble Petition and Advice 6 1 

be attained. 1 The Irish army, probably influenced by Henry, peti- 
tioned that the Protector should go on to make " a thorough settle- 
ment of these our enjoyments ; and that, upon such a Basis, as may 
be most firm in itself, and most suitable to the constitution of these 
nations." 2 The last phrase obviously pointed to kingship as the 
desirable basis. In Baillie's opinion the addresses of the armies in 
both Scotland and England also encouraged " the Protector to pro- 
ceed," and it was thought, he added, that "on the councell's act 
and armie's petition, the Crown shall be put on." " Sundry shyres" 
were also "said to be forming petitions to his Highness to accept 
of the title of King." 3 Without doubt, many of those who signed 
the army petitions must have done so in the expectation that king- 
ship would be the outcome. As to the shires, certain petitions did 
appear in July and August, asking for settlement, with an evident 
reference to kingship as the government " most natural and accept- 
able to the nation." i 

The need of settlement — a settlement that would compel the 
obedience of those inclined to royalty — was ominously emphasized 
by the prominence among the conspirators in the plot of 1658 of 
many young royalists who had hitherto shown themselves well- 
affected to the Protector and his government. 5 This was a grave and 
most significant fact ; for this younger generation, which had taken 
no active part in the quarrels of the past, should have known no 
allegiance excepting that to the established government. It was 
otherwise, however, and largely because these young men found 
themselves excluded from all participation in public affairs because 
they were members of Cavalier families ; partly, too, no doubt, be- 
cause of the severity with which the government of the major- 
generals had handled the Cavaliers. It was necessary to have a 
settlement that should strike at the sources of this disaffection. 

1 April 7, 1658, ibid., VII. 56; April 14, 1658, ibid., 72; [May?], 1658, ibid., 


2 Public Intelligencer, June 14-21, 1658. 
3 Baillie to Spang, [June, 1658], Baillie, III. 360. 

4 " V. That in your Highness life time such provision be made for the future Gov- 
ernment of the Commonwealth, as may secure the interest of the good people of these 
Nations for succeeding Generations, That they may call you Blessed." Petition to 
Oliver of justices of peace, etc., of Nottingham, July 23, 1658, Public Intelligencer, 
August 9-16, 1658. 

" And that your Highness would be pleased to enlarge our hopes of the continuance 
and increase of our present happines, by the further settlement and practice of that Gov- 
ernment amongst us, which hath been found most natural and acceptable to this Nation, 
and is such as (administered by good hands ) will we doubt not very much tend to the 
tranquility and felicity of this Commonwealth, your Highness and posterity." Petition 
from the grand jurors of the county of York, Mercurius Politicus, August 12-19, X 65S. 

5 " And they have enticed many young gentlemen, that were never before of their 
party." Thurloe to H. Cromwell, April 27, 1658, Thurloe, VII. 99. See also H. 
Cromwell's remarks on the young Cavaliers. To Thurloe, June 30, 1658, ibid., 218. 

62 R. C. H. Catterall 

It is a question of prime importance to determine Cromwell's 
attitude towards the renewal of the project of kingship. Bernardi 
asserted positively that Cromwell designed to be king; 1 and the 
author of the Second Narrative remarks that it "is reported " that 
though Cromwell refused the kingship, he " hath since repented 
his then Refusal."" That either of these individuals spoke with 
authority cannot be pretended, but certainly Cromwell had had 
reason to regret " his then refusal," and since he had once with 
much less provocation determined to accept kingship, one is surely 
justified in inferring that now he would willingly have become king. 
Moreover, if Broghill was to be believed, Cromwell had certainly 
concluded to accept the monarchical form of government. " I 
hope," wrote Henry Cromwell, " his highnes brave resolutions not to 
be cozened again will beget a serenity in your lordship's intentions."" 
And in May he hoped that " his highnes's . . . promises that he will 
ratify and prepare the army for due compliance, etc." would encour- 
age Broghill not to retire. 4 It is clear from these quotations and 
from the general tone of Henry's letters that Broghill had asserted 
that Cromwell would "prepare the army for due compliance," in other 
words, that he was ready to assist in establishing the new monarchy. 
That Cromwell was willing to accept such a settlement is also 
inferable from Thurloe's letters, as will be seen. That such a will- 
ingness would be apparent to the antimonarchists and that it would 
aggravate their opposition to kingship is self-evident. They had 
attempted to prevent the calling of a Parliament, and despite the 
resolution taken by the council that a Parliament should be sum- 
moned, they were still capable of delaying indefinitely the meeting 
of that body. The leaders of the republican faction in the council 
hit upon a bold expedient to thwart the monarchists. This was no 
less than the reconciliation of Cromwell with the leaders of the old 
Long Parliament. It was suggested that to this end Vane, Lud- 
low, and Rich should be taken into the council. Of course this plan 
contemplated a considerable return to the system of the Common- 
wealth, for no one could believe that such irreconcilables as these 
would ever consent to the protectoral government, not to speak of 
kingship. That they had been approached is certain, and that it 
was the antimonarchists who wished to call them into the council is 
also certain." Nothing, however, came of this effort at reconciliation. 

1 Bernardi, March — 1658, Prayer, 475. 

'■' nd Narrative, Harkian Miscellany (edition of 1745 ), III. 462. 

•Ml. Cromwell to Broghill, April 14, 1658, Thurloe, VII. 72. 

MI. Cromwell lo Broghill, [May?], 1658, ibid., 115. 

r ' " I am glad to hear of Ludlow, Kiel), and also Sir Harry Vane's compliance," 
.vrote Henry Cromwell. Me doubled, however, the completeness of that compliance, 

The Failure of the Humble Petition and Advice 63 

Progress in any direction seemed indeed to be impossible. 
"As for our owne affaires," wrote Thurloe, " they stand much at 
one staye : some discourses have beene this vveeke about a settle- 
ment, and how to prepare for the comeinge of a parliament ; but I 
doe assure your excellency, that I cannot finde the mindes of men 
soe disposed, as may give the nation the hopes of such a settlement 
as is wish'd for ; and truly I thinke, that nothinge but some 
unexpected providence can remove the present difficulties." l This 
was on the first of June; and two weeks later Fleetwood wrote that 
" farther considerations of what is necessary as previous to the 
parliament " had been had, but " no resolution " had yet been 
reached. 2 Despairing of ever getting the matter determined by the 
council, Cromwell now appointed a committee of nine to settle it. 3 
Of course it was necessary to place members of both factions on 
this committee, and Cromwell would certainly never have dreamed 
of constituting it otherwise. The antimonarchists, however, had a 
majority, though two of their number were lukewarm in opposition. 
When Henry Cromwell was informed of the constitution of this 
new body, he spoke with bitter scorn and contempt of the new 
body and of the effort to reach settlement through its mediation. 4 
His contempt was justified, for after several weeks of debate on the 
question of settlement the majority " voted that succession in the 
government was indifferent," it might well be either by election or 
hereditary. This colorless conclusion was, of course, satisfactory 
to no one ; and several of the antimonarchists insisted upon the 

and added, " Neither do I think, that your affairs will gain much reputation by their be- 
ing in your councell." He continues : " Is it not also a matter worth observation, who 
are the men, that are most industrious to call in such help ? May it not be a design to 
obstruct and clog the business, when no other way is left to hinder your settlement, or 
cover their own disaffection ? . . . He, that runs along with you, may more easily trip up 
the heals, than he, that wrestles with you ; but my jealousy is easily appeased, when you 
say his highness hath an opportunity in his hands to settle." H. Cromwell to Thurloe, 
June 2, 1658, ibid., 154, 155. 

1 Thurloe to H. Cromwell, June 1, 165S, ibid., 153. 

2 Fleetwood to H. Cromwell, June 15, 1658, ibid., 176. Fleetwood expected 
Parliament to meet in September. 

3 " There are 9 in number, who dayly meet for consideringe of what is fitt to be 
done in the next parliament. . . . The 9 are lord Fiennes, lord Fleetwood, lord Des- 
brow, lord Chamberlayne, lord Whalley, Mr. comptroller, lord Goffe, lord Cooper, and 

.Your Excellency's 

Most humble and faithfull servant 

Jo. Thurloe." 
Thurloe to H. Cromwell, June 22, 1658, ibid., 192. See also Philips's remarks upon 
this junto and Cromwell's balancing of parties on it, in his Continuation of Baker' 1 s 
Chronicle (ed. 1674), 652. 

4 " The wise men were but 7. It seems you have made them 9 ; and having heard 
their names, I think myself better able to guess what they'll do, then a much wiser 
man; for no very wise man can ever imagine it." H. Cromwell to Thurloe, June 30, 
1658, Thurloe, VII. 21S. 

64 R. C. H. Catterall 

desirability of the elective method as specified in the Humble 
Petition and Advice, "that is, that the chiefe magistrate should 
alwayes name his successor, . . . and I feare the word desirable will 
be made necessary, if ever it come upon the tryall," ' complained 
Thurloe. The question of the succession was evidently still the 
kernel of the whole problem. Of course, if succession was to be 
hereditary, the protectorate was in all essentials a monarchy. 

Cromwell's position is pretty clearly determinable by his recep- 
tion of the committee's report. He discharged them from further 
consideration of the matter, and declared that he would "take his 
own resolutions," that he could no " longer satisfie hymselfe to sitt 
still, and make himselfe guilty of the losse of all the honest partye, 
and of the nation itselfe." 2 This was a decisive declaration in favor 
of the monarchists, as Thurloe evidently believed. Cromwell was 
apparently determined to act, and in the way they desired. Still 
the opposition waxed no fainter, and the egress from the political 
cid-dc-sac was not found. " I doubt the thinge most to be feared," 
said Thurloe, "is, that some men, who oppose, and, I beleeve, will 
certainly disappoint such a settlement, which others can positively 
advise, doe not know what they would have ; and it may be 
account it the best way to fix no where, but to fancye themselves 
in the condition of Israel in the wildernesse, who knewe not over- 
night which way their journey was to lye the next morning. And 
truly," he adds, with acrid pleasantry, " I should rejoice to be in 
this condition, if these gentlemen had as sure a guide as the Israel- 
ites." Only one thing was resolved upon — that a Parliament 
should be called as soon as possible. Undoubtedly to it would 
have to be remitted the solution of the problem of government. 

All speculation and all further attempts were frustrated by the 
events of August and September, 1658. The illness of Lady Clay- 

1 " As I take it, the report was made to his highnesse upon thursday. After much 
consideration, the major part voted, that succession in the government was indifferent, 
wheither it were by election or hereditary ; but afterwards some would needs add, that it 
was desirable to have it continued elective ; that is, that the chiefe magistrate should 
alwayes name his successor, and that of hereditary avoyded, and I feare the word 
desirable will be made necessary, if ever it come upon the tryall." Thurloe to H. 
Cromwell, July 13, 1658, ibid., 269. 

2 " I beleeve wee are out of the daunger of our junto, and I thinke alsoe of ever 
havinge such another. . . . His highnes, findeing he can have noe advice from those he 
most expected it from, sayth, he will take his owne resolutions, and that he cannot any 
longer satisfie hymselfe to sitt still, and make himselfe guilty of the losse of all the hon- 
est partye, and of the nation itselfe ; and truly I have long wished, that his highnes would 
pro( eed accordinge to his owne satisfaction, and not soe much consider others, who truly 
are to be indulged in every thinge but where the beinge of the nation is concerned." 
Thurloe to II. Cromwell, July 13, 1658, ibid., 269. 

3 Same to same, July 27, 1658, ibid., 295. 

The Failure of the Humble Petition and Advice 65 

poole kept Cromwell from all business and put off the calling of 
Parliament, so that it could not possibly meet before October.' As 
a consequence, the Parliament never met. Oliver died on the third 
of September, and all hope of successfully settling the government, 
excepting in the Stuarts, was at an end. The question concerning 
kingship had created a permanent division in the Cromwellian 
ranks, a division which must result in open and irreconcilable hos- 
tility after Oliver's death, while the contending factions were so 
nearly balanced. Had he lived ten years longer, no doubt he 
would gradually have weeded out the troublesome officers in the 
army, reconstructed his council, accepted the royal office, and sup- 
pressed the republican opposition. The decisive and immediate 
action so much desired by his son Henry he certainly never would 
have taken ; and he would have been right in not taking it. Such 
action might have led to an immediate insurrection and so have 
destroyed all prospect of settlement. Men who had held power so 
long could not consent to being shelved in this easy fashion. 
Besides, if not friends of the younger Cromwells, they were the 
men who had most assisted in the making of Oliver. The situation 
demanded patience, a quality always at Oliver's disposal and always 
exercised by him. Time was the essential requisite, and had this 
been granted, the line of Cromwell might well have supplanted that 
of Stuart. There was no popular demand for the restoration of 
Charles II. What was known of him in England was distinctly to 
his discredit, and few even of his own partizans had hopes of his 
return. Time, however, was not granted. At Oliver's death the 
position of parties was such that Richard Cromwell's protectorate 
could not possibly endure ; and the only wonder is that he managed 
to hold his own for the space of nine months. Even this would 
have been impossible, had the opposing factions been resolved upon 
anything, had they not been in such a condition that they did " not 
knowe what they would have " and could " fix no where." When 
once they had reached a conclusion, Richard fell ; and so far as the 
Puritan cause was concerned, all could say, as Oliver feared he 
might be compelled to say, " Actum est de Anglia." 

Ralph C. H. Catterall. 

1 " Thes late providences hath much retarded our publicke resolutions, that it will 
be October ere the parliament can sitt." Fleetwood to H. Cromwell, August 3, 1658, 
ibid., 309. 

AM. HIST. REV., VOL. IX.— 5. 


The history of political parties in New York during the Revo- 
lution is the history of the differentiation of the popular party into 
revolutionist and loyalist. It is true that from the first there was 
the germ of a loyalist party in the so-called court faction which in 
the early part of the eighteenth century played an important part in 
provincial politics. But after 1733 the important fact was the 
growth of the popular faction under the lead of the Livingston 
family until in the early period of the Stamp Act troubles the court 
faction all but disappeared. For the moment the province found 
unity in a somewhat undiscriminating anti-British protest. But this 
unity was momentary only : from 1765 to 1776 the central fact 
was the gradual differentiation of the anti-British party into various 
factions, out of which were ultimately formed the irreconcilable 
parties of loyalist and revolutionist. 

As early as the Stamp Act riots in November, 1765, the landed 
class began to draw away from the popular movement, estranged 
by the mob violence which threatened its property, and by the in- 
creasing importance of the unfranchised classes which threatened 
its political supremacy. In 1770 the merchants also separated 
from the popular party. The commercial disadvantage of absolute 
non-intercourse had driven them to advocate a policy of partial 
non-intercourse — non-intercourse, namely, in respect to those 
commodities only which were subject to parliamentary taxation. 
With the arrival of the East India Company's tea-ships in 1 773— 
1774, the popular party was reorganized under the name of the 
Sons of Liberty ; and the merchants and landed classes in a sense 
drew together and formed what may be called the conservative 
party. By r 774 the separation of radicals and conservatives was 
measurably complete. The latter, who wished to direct resistance 
along lines of compromise and conciliation, were in favor of partial 
non-intercourse and negotiation ; the former, who were not unwill- 
ing to carry resistance to the very edge of revolution, were in favor 
of absolute non-intercourse and mob violence. 

Such were the main issues round which centered the struggle 
for the delegates to the Continental Congress. The key to the 


Delegates to Second Continental Congress 67 

situation is to be found in the effort of the conservatives. While 
the progress of events from 1774 to 1776 in America and in Eng- 
land tended steadily to define the issue more and more precisely in 
terms of revolution and loyalism, the conservatives attempted 
throughout to steer a clear course between absolute resistance on 
the one hand and absolute submission on the other. They at- 
tempted to do this by gaining control of the popular organization 
and dictating through this organization the election of delegates to 
the first Continental Congress, and by opposing the effort of the 
radical organization to control through a provincial convention the 
election of delegates to the second Continental Congress. The 
significance of the period consists in the practical failure of the 
conservative programme, and in the ultimate disintegration of the 
conservative faction. In a previous paper 1 conservative activity in 
respect to the election of delegates to the first Continental Congress 
was considered. It is the purpose of this paper to show in some de- 
tail how the struggle for delegates to the second Continental Congress 
operated to complete the disintegration of the conservative faction. 
While the conservatives were nominally successful in electing 
their delegates to the first Continental Congress, the action of that 
body was of immense importance in the party transformations of the 
immediate future — was, in fact, the first step in the disintegration 
of the conservative faction. Its immense importance lay in the fact 
that in sending delegates to a general congress the two factions in 
New York virtually agreed to throw the burden of forming a policy 
of resistance upon an authority outside the province ; consciously 
or unconsciously, they thereby surrendered the privilege of having 
a policy of their own. The decision of Congress, while it carried 
no legal sanction with it, would necessarily exercise a profound in- 
fluence, especially if it adopted the policy of one faction and rejected 
that of the other. This is almost precisely what the first Conti- 
nental Congress did ; it adopted a policy of absolute non-intercourse 
and drew up an Association to that effect, recommending that com- 
mittees be appointed in every province, county, and town to see 
that it was signed as generally and enforced as rigorously as possi- 
ble. 2 The radicals then had only to continue as they had begun. 
To the conservatives, on the other hand, two paths were open — 
either to use the decision of Congress as an excuse for changing 
their attitude, or to put themselves in opposition to the united de- 
cision of the colonies. 3 It was manifestly impossible to follow both 

1 Political Science Quarterly, March, 1903. 

2 4 American Archives, I. 913. 

3 Cf. Thomas Young to John Lamb, Oct. 4, 1774, MS. Papers of John Lamb ; 
I774-I775- The John Lamb Papers are in the New York Historical Society Library. 

6S C. Becker 

paths ; composed, as the conservative party was, of incipient revolu- 
tionists and of incipient loyalists, it was impossible to follow either 
as a party. Practically, the result of the first Continental Congress 
was to split the conservative faction in two ; a part followed one 
path, a part followed the other. The voice of all the colonies, 
speaking out, as it were, in sharp rebuke against the policy which 
the conservatives in New York had advocated, came like an ultima- 
tum both to those who were ready for forcible resistance and to 
those who were prepared to remain faithful to the home government 
when no other alternative offered. 

This result was realized with measurable completeness in the 
events leading up to the election of delegates to the second Conti- 
nental Congress. Meanwhile, the question immediately in hand 
was whether the action of the first Continental Congress should be 
approved or not, and, if approved, how its recommendations re- 
specting the Association could be most effectively carried out. 
In the city this led to the election of a new committee — the Com- 
mittee of Sixty, sometimes called the Committee of Inspection. 

On November 7 the Fifty-One resolved that the freemen and 
freeholders should be requested to assemble on November 18 at 
the usual places of election and choose eight persons in each ward 
to act as a committee of inspection for the enforcement of the Asso- 
ciation. 1 In passing this resolution without a" division the conserva- 
tive committee may appear to have accepted the verdict of Con- 
gress without reservation. On closer inspection, however, it will be 
found that the committee was principally intent on making the best 
of a bad situation. In its recommendation for the election of com- 
mittees Congress had suggested that the suffrage be limited to free- 
holders and freemen. There was some consolation for the Fifty- 
One in the fact that this limitation, if observed in New York, might 
place the control of the Association there in conservative hands. 
It is to be observed further that the resolution by which the con- 
servative committee called for the election of committees of inspec- 
tion made no provision for the dissolution of the Fifty-One ; and it 
is more than likely that the new committees were intended to serve 
merely as ward committees under the supervision of the Fifty-One 
as a central committee. If the conservatives, therefore, took the 
first step in response to the recommendations of Congress, it was 
only that they still hoped to direct where they were no longer able 
to control ; an initial willingness to act upon the suggestion of Con- 
gress might save, it was hoped, the life and influence of the con- 
servative organization. 

7 4 A?tierican Archives, I. 328, 329. 

Delegates to Second Continental Congress 69 

It was hardly to be expected, perhaps, that the radicals would 
fail to see the tendency of such action. On Sunday, November 13, 
the Mechanics Committee, which now represented the radicals, pub- 
lished a broadside calling for a special meeting of that body at 4 
o'clock and a general mass-meeting of all radicals at 5 o'clock on 
the following, day, for the purpose of discussing the questions raised 
by the resolutions of the Fifty-One. 1 It is not known precisely 
what was done at either of these meetings, but it is obvious that the 
proposals of the conservative committee were found unsatisfactory. 
The Fifty-One on the evening of the same day addressed to the 
Mechanics Committee a letter requesting a conference on the day 
following, in order that a " mode that shall be agreeable to their 
fellow citizens in general " might be arranged. 2 This conference 
resulted in the adoption of a plan widely different from the original 
proposition of the conservatives. Instead of ward committees, there 
was to be a general committee of inspection of not more than sev- 
enty nor less than sixty members. It was to be elected by the free- 
men and freeholders, not in ward elections, but at the city hall, 
under the supervision of the vestrymen. Finally, it was understood 
that the election of the new committee should be followed by the 
immediate dissolution of the Fifty-One. 3 

If this arrangement is to be regarded as a compromise, it was 
a curiously one-sided one. There were two points which it was of 
serious importance for the conservatives, if they wished to remain 
conservative, to hold to — the limitation of the suffrage, and the 
continued existence of the Fifty-One. Virtually, both points were 
given up. It is true the suffrage was not technically extended, but 
the method of election was so changed that the suffrage ceased to 
be a matter of any importance : to say that the committee should 
be elected by the freemen and freeholders, at the city hall, under 
the supervision of the vestrymen, was only crudely to conceal the 
fact that the decisive method of election by ballot was to be re- 
placed by the indecisive method of election in general mass-meeting. 
The second point was given up without reservation, and this was, 
after all, the matter of vital importance. Its importance consisted 
in the fact that in losing the Fifty-One the conservatives were 

1 Broadsides, I. (Broadsides used in this paper are from the collection in the New 
York Historical Society Library.) 

2 The letter was dated 6 o'clock, November 14, and addressed to Daniel Dunscomb, 
chairman of the Mechanics Committee. 4 American Archives, I. 329. 

3 4 American Archives, I. 330. In announcing this change the Fifty-One explained 
that whereas there was apprehended certain inconvenience from the first plan, and " this 
committee having taken the same into further consideration, and having consulted many 
of their fellow citizens, and also conferred with the Committee of Mechanics," etc. 


C. Becker 

losing their independent organization. The new committee, nomi- 
nated by both factions, could not represent the conservatives as the 
Fifty-One had represented them. On the contrary, it would stand 
quite as much (more, indeed, as the sequel proved) for radicalism 
as for conservatism. There was, consequently, no more inherent 
reason for the dissolution of the old conservative Committee of 
Fifty-One than there was for the dissolution of the old radical Com- 
mittee of Mechanics. But by the present arrangement, after both 
parties had united in the formation of a new joint organization, one 
party was required to dissolve its old special organization, the other 
was not. 

The Fifty-One accordingly issued a second notice on November 
15, indicating the change which had been agreed to. The election 
was fixed for Tuesday, November 22. 1 On that day a respectable 
number of " freeholders and freemen " appeared at the city hall ; and 
the ticket which had been prepared according to agreement was 
elected without a dissenting voice. 2 With the election of the Com- 
mittee of Sixty the Fifty-One ceased to exist. 

The election of the Committee of Sixty and the dissolution of 
the Committee of Fifty-one was the logical result of the first Conti- 
nental Congress. It prepared the way for the disappearance of the 
conservatives as a party. Since the colonies as a whole had taken 
a stand, it was out of the question for a local party to direct the 
resistance to the home government on lines laid down by itself. It 
was necessary to take the stand that all of the colonies had taken, 
or to stand against them : and to stand against them was very nearly 
the same, in the indiscriminating popular mind, as to stand with the 
home government. Increasingly the question which confronted 
each party was whether it would stand with Congress and the 
colonies or against Congress and with England. This question now 
confronted the conservatives in New York. As a party, there was 
no longer any place for them ; as individuals, would they prefer 
ultimately to become loyalists or revolutionists ? Some were ready 
for the latter ; some could do no less than the former. The result 
was that just as the old Committee of Fifty-One had from the first 
practically had a large majority for conservative measures because 
the moderates were then prepared to work with the extreme con- 
servative wing of that committee, so the new Committee of Sixty 
now had practically a large majority for radical measures because 
the same moderates were now prepared to work with the extreme 

1 Ibid. 

*Ibid.\ Colden, Letter-Book, II., New York Hist. Soc. Coll., Fund Series, X. 372; 
Rivinglon's Gazetteer, November 24, 1774; New York Mercury, November 28, 1774. 

Delegates to Second Continental Congress 7 i 

radical wing of this committee. 1 Of the original Fifty-One thirty 
members 2 found places on the Committee of Sixty. With one or 
two exceptions, 3 these thirty were taken from the extreme radical 
wing of the Fifty-One and from those moderate conservatives who 
ultimately preferred to become revolutionists rather than loyalists. 
Those of the Fifty-One who found no place on the Sixty repre- 
sented, for the most part, that phase of conservative thought which 
pointed away from revolution and towards loyalism. The thirty 
members of the Sixty who had not been members of the Fifty-One 4 
were men who represented, with some exceptions, radicalism in 
thought and in action. 

In the counties, it has already been pointed out, scarcely any 
part had been taken in the agitation previous to the movement for 
the first Continental Congress. Even that movement had resulted 
there in little positive effort, and in no positive organization of those 
elements which in New York coalesced into the conservative fac- 
tion : only the radicals, and they in some counties only, had made 
a beginning. Consequently, when Congress sent into the counties 5 
its recommendation for an Association, there was not there, as in 
the city, two definitely organized factions ; there was, for the most 
part, only opinion, prejudice, and some conviction, mostly in solu- 
tion. Yet the result of the first Continental Congress was essen- 
tially the same in the counties as in the city. As there was no longer 
any place for the conservative faction in the city, so it was too late 
for such a faction in the counties ; in the counties, as in the city, it 
was increasingly a question of standing with the Congress or with 
the home government. The same process of separation into loyal- 
ists and revolutionists was begun in both places. The difference 
was that in the counties there was no conservative faction to be dis- 
integrated, and there was less of a radical organization to work 

1 Smith to Schuyler, November 22, 1774, Lossing, Schuyler, I. 2S8 ; Colden to 
Dartmouth, December 7, 1774, Letter-Book, II., New York Hist. Soc. Coll., fund 
Series, X. 372. 

2 Isaac Low, Philip Livingston, James Duane, John Alsop, John Jay, P. V. B. 
Livingston, Isaac Sears, David Johnson, Charles Nicholl, Alexander MacDougall, 
Thomas Randall, Leonard Lispenard, Edward Laight, William Walton, John Broom, 
Richard Hallett, Charles Shaw, Nicholas Hoffman, Abram Walton, Peter Van Schaack, 
Henry Remsen, Peter Curtenius, Abram Brasher, Abram P. Lott, Abram Duryee, Joseph 
Bull, Francis Lewis, John De Lancey, John B. Moore, Gilbert H. Ludlow. 

3 Peter Van Schaack and Isaac Low were the notable exceptions. 

4 John Lasher, John Roome, Joseph Totten, Samuel Jones, Frederick Jay, William 
W. Ludlow, George Janeway, Rudolphus Ritzema, Lindlay Murray, Lancaster Burling, 
Thomas Ivers, Hurcules Mulligan, John Anthony, Francis Barrett, Victor Bicker, John 
White, Theodore Anthony, William Goforth, Wm. Denning, Isaac Roosevelt, Jacob 
Van Voorhees, Jeremiah Piatt, William Ustick, Comfort Sands. Robert Benson, William 
W. Gilbert, John Berrien, Nicholas Roosevelt, Edward Fleeming, Lawrence Embree. 

5 The recommendation came to the counties through the Fifty-One. 4 America}! 
Archives, I. 328, 329. 

7 2 C. Becker 

with. The process of separation was slower, the balance of power 
was not always with the radicals. Not until the force of arms began 
to replace free discussion did the disappearing opposition of the 
loyalists leave a free field for revolutionist organization. 

In the counties, as in the city, the first question to be answered 
was embodied in the recommendations of Congress. While the 
Association was doubtless circulated in all of the counties, the re- 
sult is unknown or was indecisive 1 except in the three that acted 
upon it favorably — Albany, Suffolk, and Ulster. The Albany 
committee, which had now become a permanent organization, rati- 
fied the action of Congress on December 10. So decidedly was the 
committee in favor of the Association that the New York delegates 
were requested to explain why they voted to permit the exportation 
of rice from South Carolina.' 2 The Suffolk County committee met 
November 15 at the county hall, approved the action of Con- 
gress, and referred the enforcement of the Association to the town 
committees.' 1 In Ulster committees were appointed, agreeably to 
the resolution of Congress, in the towns of Kingston, 4 New Wind- 
sor;' Hanover, 6 Showangnuk, 7 and Walkill. 8 Mention is made of a 
county committee, but whether this refers to the Kingston com- 
mittee, which may very likely have acted as a county committee, 
or to a separately organized general county committee, is unknown. 
No organized opposition appears to have existed. 

The remaining counties, so far as is known, did not individually 
place themselves on record as being either in favor of or in oppo- 
sition to the policy of Congress. Some feebly intimated their con- 
fidence in the Assembly ; others waited, perhaps, for that body to 
take the initiative. While the Assembly, which was elected in 
1769, cannot be considered as in any sense representative even of 
the conservative counties at this time, its action is the only record 
we have of the sentiments of those counties that made no definite 
reply to the recommendations of Congress." Whether representa- 

1 E- g-, Dutchess, 4 American Archives, I. 1164. In Queens there appears to 
have been about equal division of opinion, ibid., 1027, 1035, 1 191 ; Onderdonck, Docu- 
ments and Letters, 14, 17, 20, 21 ; New York Mercury, January 9, 16, 1775 ; Rivitig- 
ton's Gazetteer, January 5, 1775. In Orange about half refused to sign, Calendar of 
Historical Manuscripts, I. 5 II. 

2 4 American Archives, I. 1097, 1098. 

3 Ibid. , 1257, 1258. 

'•Ibid., \ i too; II. 298; New York Mercury, April 17, 1775. 

6 4 Ameiican Archives, II. 131, 133. 

*lbid., I. 1 191. 

7 Ibid., I. 1 183, I230. 

8 Ibid , I. 1 201. 

'''I lie Assembly was petitioned to censure Congress and to negotiate with the King 
for redress of grievances. Cf. To the Freemen, Freeholders, rtV., January 19, 1775, 
Broadsides, I. 

Delegates to Second Continental Congress J 3 

tive or not, the action of the Assembly in the winter of 1775 has 
this significance : much of the opinion, prejudice, and conviction 
which in the counties was still in solution after the first Continental 
Congress remained so for the time being because it was known that 
the colony's legal representatives were about to take a stand on the 
precise question which the extra-legal representatives of all the 
colonies had made the vital question — the question of standing 
with the colonies or with the home government. In February the 
Assembly took its stand ; by a vote of almost two to one it was 
decided not to thank the delegates to the first Continental Congress 
and not to send any delegates to the second. 1 On the other hand, 
it attempted to take matters into its own hand ; in March it sent a 
petition to the King, a memorial to the Lords, and a remonstrance 
to the Commons. 2 The action of the Assembly, which pleased the 
English government 3 and helped to crystallize sentiment in New 
York, was an effort, and all but the last one, to stand in the place 
and to do the work of the old conservative Committee of Fifty- 
One. But it was too late to accomplish anything along these lines ; 
the only result of the Assembly's action was still further to dis- 
integrate the very party whose policy it was thus tardily attempting 
to make effective. 

The first test had now been made. New York and three other 
counties had answered in favor of Congress ; the rest had given no 
more definite answer than might be read into the action of the 
Assembly. The most important test was still to come — the election 
of delegates to the second Continental Congress. 

The decision of the Assembly had no sooner cleared the way 
than the matter was taken up by the radicals in New York through 
their Committee of Sixty. On February 27 Van Brugh Livingston 
moved that the committee should take into consideration " the ways 
and means of causing delegates to be elected to meet the delegates 
of the other colonies ... in general Congress." 4 On March 1, 
when the question was again taken up, the committee, concluding 
that it had no power to elect the delegates itself, decided to refer the 
matter to the freeholders and freemen. A notice was accordingly 
published summoning the freemen and freeholders to meet at the 
Exchange on March 6 to " signify their sense of the best method 

1 4 American Archives, I. 1289, 1290; Colden, Letter-Book, II., New York Hist. 
Soc. Coll., Fund Series, X. 389 ; Deane Papers, V., New York Hist. Soc. Coll., 1890, 
PP- 538, 539- 

2 4 American Archives, I. 313. 

3 Ibid., II. 27, 28, 29, 122, 123, 252. 

4 Broadsides, I. The motion was carried with only one dissenting vote, that of 
Samuel Jones. 


C. Becker 

of choosing such delegates, and whether they will appoint a certain 
number of persons to meet such deputies as the counties may elect 
for that purpose, to join with them in appointing out of their body 
delegates for the next Congress." 1 Whether consciously worded 
or not, the fact is that the two purposes expressed in this document 
are somewhat inconsistent with each other. If the freemen and 
freeholders were to be asked to decide how they preferred to elect 
their delegates to Congress, it is not clear why they should be asked 
whether they would take part in a provincial convention ; it is not 
clear why the committee should express a desire to refer the ques- 
tion of method in the election of delegates to the freemen and free- 
holders, and then, before there could be any decision of that point, 
thrust their own definite plan so intrusively in their faces. In truth 
it would be quite superfluous for the freemen and freeholders to 
consider the first question (the question of the best method) if they 
were expected in any case to consider the second question (the 
question of a particular method) ; and, under the circumstances, a 
refusal to adopt the committee's plan would be very nearly equiva- 
lent to a refusal to have any part in the second Continental Congress. 
It is clear, therefore, not only that the radicals were in favor of 
sending delegates to Congress, but also that they wanted those 
delegates to be chosen by a provincial convention composed of 
deputies from all the counties in the colony. Such a method of 
choosing delegates would almost necessarily diminish the relative 
influence of New York city in the Congress ; it is, consequently, 
necessary to understand why the radicals in the city were in favor 
of a provincial convention. 

The answer to this question is to be found in the fact that under 
existing conditions, in spite of the radical control of the Sixty, the 
old method of electing delegates would most likely result in send- 
ing the same kind of a moderately conservative delegation to the 
second Continental Congress that had been sent to the first ; the 
relative influence of New York city was to be reduced in order that 
the influence of the colony as a whole might be less conservative. 
A brief review of the conditions which faced the radicals will make 

1 Broadsides, I.; Rivingtort s Gazetteer, March 9, 1775; New York Mercury, 
March 6, 1775 i 4 American Archives, II. 4. A provincial convention had been urged 
in connection with the election of delegates to the first Continental Congress, by the 
radicals in New York city in their resolutions of July 6, 1774 (New York Mercury, July 
11, 1774), and again in their resolutions of July 20, 1774 ( New York Mercury, July 25, 
1774). In connection with the second Continental Congress the earliest suggestion 
appears to have come from Suffolk County. A county meeting on February 23, 1775, 
resolved that if the Assembly refused to appoint delegates, " the Committee of Corres- 
pondence for . . . New York be desired ... in that case to call a provincial coiven 
tion for that purpose." 4 American Archives, I. 1257. 

Delegates to Second Continental Congress 75 

this clear. The delegates to the first Continental Congress had 
been elected by counties. The apathy in the rural counties had 
resulted in sending a delegation from the colony in which the city 
delegates (five in number) exercised a determinative influence, not 
only because of their numbers, but also because of their personal 
ability and influence. That influence was, if not decisively conser- 
vative, at least only moderately radical. The problem which con- 
fronted the radicals was how to secure a delegation to the second 
Continental Congress which would exercise a more radical influence. 
If the old method of election was adopted, this could be done in 
one of two ways — either by electing a new and radical delegation 
from the city or by electing sufficiently large and radical delegations 
from the counties to outvote and, what was more important, to 
outweigh in influence the old delegation from the city. Neither 
plan was practicable. The old city delegates were men of the high- 
est standing and of wide influence. They had not seriously opposed 
the action of the first Continental Congress, nor had they refused to 
support the Association. With two exceptions l they represented 
at its best that part of the conservative faction which was ultimately 
prepared to join the revolutionists. But they had not as yet gone 
very far in that direction. Without being sufficiently radical to suit 
the Committee of Sixty, they were not sufficiently conservative to 
be in any sense out of the race. To defeat these men was probably 
impossible ; to attempt to do so was, in any case, impracticable. 
On the other hand, it was unwise to depend on the election of large 
radical delegations from the counties ; the action of the counties on 
the Association had been all but decisive on that point. The alter- 
native was a new method of election which would enable the Sixty 
at once to support the old city delegates and to neutralize their 
influence. A provincial convention would enable the Sixty to do 
this, because the city delegation to a convention might properly be 
made sufficiently large to leave the old delegates in a minority ; 
whereas it would be out of the question to send so large a delega- 
tion from the city directly to the Congress. In the same way the 
convention could easily form a delegation for the province as a 
whole in which the old delegates should find a place, but in which 
they could no longer exercise a determinative influence ; and this 
could most probably be done equally well whether the rural coun- 
ties took an active part in the convention or not. 2 

1 Isaac Low and John Alsop. 

2 The motives of the radicals are sufficiently well revealed in the broadsides which 
were circulated in defense of the convention. In answer to the objection that a conven- 
tion will deprive the city of "their old delegates," it is stated that New York cannot 

7 6 C. Becker 

The conservative element, in the committee and out of it, divined 
the purposes of the Sixty and made an ineffectual attempt to defeat 
them. A meeting was held at Montagnie's on March 3, presided over 
by John Thurman. The proposals of the Sixty were disapproved 
of, first, because there was not time enough before March 6 to set- 
tle so important a question ; second, because the method of taking 
the vote " by collecting the people together " was inexpedient, since 
it permitted of no distinction between freeholders and freemen, who 
had a right to vote, and "such as were collected on purpose to make 
a show of numbers " ; third, because a provincial convention tended 
directly to the introduction of a provincial congress. It was accord- 
ingly suggested that the whole matter be postponed until the reply 
of the English government to the Assembly's proposals should 
have been received ; if nothing could be effected in this way, then 
let the poll be opened in the usual places for the election of delegates 
to a convention by freemen and freeholders only. The conservatives 
declared they were not necessarily opposed to Congress, or even 
to a convention, but to the haste with which the matter was being 
pushed through. 1 The protest was scarcely heeded. An answer- 
ing broadside appeared the next day, 2 and in the evening some radi- 
cals met and resolved to support the proposals of the committee. 3 

On Monday, March 6, the day fixed by the committee for the 
meeting, preparations began early. The vote was to be taken at 
noon. In mid-forenoon the radicals began to assemble at the lib- 
erty-pole, and by eleven o'clock they were on the way to the Ex- 
change, carrying a banner on one side of which was the inscription, 

presume to elect delegates for the whole colony, and, on the other hand, it is improper 
to crowd the Congress with delegates from each county. In another broadside of the 
same date, March 14, the author, who signs himself "A Friend to the Congress," says 
that " the necessity of this mode of choosing the delegates for the colony arises from the 
counties having taken offense at the conduct of this city in choosing the last delegates 
without consulting the counties. . . . The tale that your late delegates are excluded, is 
a mere trick ; for there is the highest probability that they will be chosen by the deputies 
of the counties as they are in the . . . nomination of the committee." Broadsides, I. 
Cf. 4 American Archives, II. 1 39. 

1 Ibid., 48, 49. 

2 The author, who calls himself " A Tory," makes the following points : (1) The 
sense of the city can be taken Monday as well as any other time. (2) A convention is 
the plan used by the colonies of New Jersey, Virginia, Maryland, and North Carolina. 
(3) Little probability that the Assembly will appoint delegates. " And as to the dan- 
ger of their being influenced by the measure, I really can see no great harm in a Repre- 
sentative being influenced by his constituents, on the contrary they ought to be." (4) 
As for waiting advice from England, "may as well wait for the conversion of the Pope 
as the arrival of the Packet." (5 ) " That whomever says the committee have prescribed 
rules for the counties, lies under a mistake, they mean only ... to propose it to the 
counties and consult with them on the occasion." To the Learned and Loquacious 
Chairman,- March 4, 1 775, Broadsides, I. 

3 4 American Archives, II. 48. 

Delegates to Second Continental Congress 77 

" George III Rex, and the liberties of America," and on the other, 
" The union of the Colonies, and the measures of Congress." About 
the same time the opposite party, strengthened, as was alleged, by 
royal officials, civil and military, began a similar procession from 
Montagnic's. When the processions met at the Exchange, a gen- 
eral melee was avoided with difficulty. Order having been restored, 
the chairman of the Sixty announced the questions upon which the 
vote was to be taken. The questions, as now announced, were not 
formulated as they had been by the committee in its handbill of 
March 1 — indeed they were not the same questions at all. The 
first question announced by the chairman was whether deputies 
should be sent to a provincial convention ; the second, whether the 
people then present would authorize the committee to nominate 
eleven deputies to a provincial convention. On the first question 
the conservatives demanded a poll in order that the matter might 
be decided by freeholders and freemen according to the recommend- 
ation of Congress. This was refused, and the sense of the meeting 
was taken en masse. According to the radical account, both ques- 
tions were carried by a very great majority. The conservatives, on 
the other hand, claimed that it was impossible to say whether the 
questions were carried or lost : consequently, even granting the 
propriety of the method of voting, it could not rightly be considered 
either that the county was in favor of a provincial convention, or, 
if it was, that any power of nomination had been conferred upon the 
committee. 1 

Whether carried or not (probably a majority of those pres- 
ent were in favor of the committee), the framing of the questions 
was such as to make it impossible to settle them on their merits. 
The wording of the questions shows indeed that the Sixty had 
taken a full step in advance since issuing the first of March hand- 
bill. The committee had called the freeholders and freemen to- 
gether to ask them what they considered the best method of elect- 
ing delegates to Congress, and whether they were in favor of a 
provincial convention ; now that they, together with others, were 
assembled, the committee really asked, not the freeholders and free- 
men, but the inhabitants generally, whether they would send dele- 
gates to a provincial convention, and whether they would authorize 
the committee to nominate eleven delegates to that convention. On 
the first of March two inconsistent questions had been presented to- 
gether in such a way that the real issue had been whether New 

1 The official account of this meeting is in Broadsides, I. Two other more detailed 
accounts have been preserved, one by a radical sympathizer, the other by a conservative. 
The only points in which they disagree have been noted in the text. 4 American Archives, 
II. 48, 49. 

j$ C. Becker 

York County should join in a provincial convention or not. On 
the sixth of March two questions somewhat different, but equally 
inconsistent with each other, were presented together in such a way 
that the real issue was whether the committee's method of sending 
delegates to a provincial convention should be adopted or not. 
The first alternative had been a convention or no Congress ; within 
six days the alternative had become eleven deputies nominated by 
the committee or no congress. 

A little closer consideration of the two questions presented by 
the Sixty on March 6 will make this all but obvious. A negative 
vote on the first question was practically equivalent to opposing the 
second Continental Congress. Undoubtedly there were many men 
in favor of Congress but opposed to the convention as a method of 
electing delegates to the Congress — men who, nevertheless, if the 
convention was legitimately determined upon, were willing to send 
delegates to it rather than not take part in the Congress at all. 
These men wanted a chance to vote against the convention and in 
favor of some other method. Yet the man who voted negatively 
on the first question said not, " I am not in favor of the convention 
as a method of choosing delegates," but, " I am not willing that 
New York County should join the other counties in sending dele- 
gates to the convention, and consequently to the Congress" : such 
a vote, practically, would not have the effect of replacing the con- 
vention as a method by some other method, but merely of keeping 
New York County out of the movement altogether. More incis- 
ively than ever and not altogether fairly, there was presented to the 
conservatives the alternative of supporting the convention or of 
seeming to refuse to support Congress — by a shrewd sort of polit- 
ical legerdemain it had come about that supporting or opposing the 
radical committee was apparently identical with the alternative of 
standing with the colonies or with the home government. The 
second question was equally treacherous. The convention once 
determined upon, many men not in favor of it in the first instance 
but willing if delegates were to be sent to it that the committee 
should nominate them, were not willing that the ticket should con- 
sist of eleven members. Such men could not vote against nominat- 
ing a ticket of eleven delegates without voting against allowing the 
committee to nominate the ticket at all. 

With questions presented in this fashion, those of the old con- 
servative faction who were facing away from loyalism were likely to 
prefer to support the radical committee rather than give the appear- 
ance of refusing to support Congress : they thereby took a long 
step in the direction of revolution. Those of the old conservative 

Delegates to Second Continental Congress 79 

faction who were facing away from revolution doubtless preferred 
to give the appearance of opposing Congress rather than place that 
body unreservedly in radical hands : they thereby took a long step 
in the direction of loyalism. The meeting on March 6 was thus 
another and an important stage in the disintegration of the old con- 
servative party. Those who voted in favor of sending deputies to 
the convention, and in favor of permitting the committee to nomi- 
nate a ticket of eleven members, whatever their motives may have 
been for so voting, found themselves in the company of men who 
voted in the same way precisely for the purpose of imparting to 
Congress a radical and revolutionary impetus. On the other hand, 
those who voted, for whatever reason, not to join with the counties 
in a provincial convention, and against the nomination of delegates 
by the committee, found themselves in the company of men who 
voted in the same way because they considered conventions and 
congresses illegal and treasonable. 1 

The Sixty proceeded at once to nominate a ticket. Without any 
serious opposition apparently, the old delegates — Isaac Low, Philip 
Livingston, James Duane, John Alsop, and John Jay — were named, 
together with six others — Leonard Lispenard, Abram Walton, 
Francis Lewis, Isaac Roosevelt, Alexander MacDougall, and Abram 
Brasher. 3 Of the new men, none was conservative like Duane or 
Low, none, perhaps, moderately judicious like Jay, none timid like 
Alsop. Three of them at least — MacDougall, Lewis, Roosevelt 
— were men who would speak and act effectively and unhesitatingly 
for radical measures. If the Sixty could get this ticket elected, it 
might well assume that without opposing the old delegates it had 
succeeded in neutralizing their influence. 

The conservatives still had a fighting chance, perhaps, if they 
chose to use it : they might secede from the Sixty, as the radicals 
had done from the Fifty-One, and nominate a ticket of their own. 
But the radicals left the Fifty-One only after there was no more to 
be gained by remaining in it, and the conservatives had still some- 
thing to gain by retaining a representation on the Sixty — the limi- 
tation of the suffrage to freeholders and freemen. All that was 

1 The conservative party which marched from Montagnie's was charged with num- 
bering among its supporters officers of the army and navy, customs officers, and loyalist 
members of the Assembly. 4 American Archives, II. 48. Among the broadsides pub- 
lished in opposition to the committee was one signed a " Citizen of New York," in which 
the main arguments were : ( 1 ) That the only legal representatives of the colony, the 
Assembly, had refused to appoint delegates ; (2) that, whatever reason there may have 
been for the first Congress, there was no reason for a second ; (3) that the convention 

■ would lead to the introduction of a provincial congress, which in turn would usurp the 
functions of the Assembly. Ibid. , 44. 

2 Broadsides, I. 

C. Becker 

fU, in respect to a separate organization 
accomplished, consequently in res ect £ for the five 

was an informal and vam effort at the ^ ^ to 

old delegates without vobng for the si ne conservative leaders 
the limitation of the ^^^^8 ^ Committee meeting John 

™ eaUe ?£TCl«L should bi held on March 15 in the 
Jay moved that the elecuo vestrvme n and subcommittees 

wards, -^■SX^SL and freemen only 
of the Sixty, and that th * ^ safc in grantillg 

should be received. The , ^^ 

this, perhaps, since they would be able r , P ^ 

had decided the initial question of t expete y^ ^ for 

gates at all, to force upon the votes ^the ( ^ 

Lco mm ittee,tic k eta,a h • otat^ll. ^ 

election was held. Eight » un ° .„ Duties and voted for the 

freeholders were in favor of semhng deputes 

committee's ticket; one hundred and srxty thre » ^ 

on both points. Many, on the other hand, °^ e 

old delegates only J'XW-tcJdU declared duly 

members nominated by tne sixty 

^hus having succeeded in getting, * support of Uremics 

P ^ ::» Th"^ X«d t tte counties in much the 
SX a'" Ld been referred to th ; ; city J^ = 

ashed, first, to c«* "^ ^ was t0 mee t (the 

second, to send delegates to a CO 2Q 

Sixty took the liberty of ^fixmg the day) at N^ tQ ^ 

Practically it was quite as useless any conse rvatives in 

siderthe first question as it was iinposslb e fo < « 

the city to get an opportunity of doing so . ti,e ^practe q 

before each county was whether ■ won d end dee 

convention, which, it appeared, was to meet many _«. 

it would take no part in the conveim on A ref-1 o ^ J^ 

' /W - . „ ;■ ,, ,« x,g no ; New York Mercury, March 20, 1775- 
24 American Archives, II. 137, !3°> '^ - 

The vote is given by wards in the Mrrrwy. 

» Broadsides, 1.; 4 *««*«« ^rrfww, H. 138- 

Delegates to Second Continental Congress 8 1 

counties any more than in the city for those who, without being 
loyalists, were not in favor of Congress, or for those who, without 
being hostile to Congress, were opposed to a provincial convention. 
The result, for the moment, was a rather marked increase in radical 
activity. Eight counties, aside from New York, sent deputies to 
the convention, though in three of them there was strong opposi- 
tion ; one, at least, definitely refused to be represented ; three, so 
far as is known, took no action. In Albany County it was not 
primarily in response to the letter of the Sixty that delegates were 
elected. After the Albany committee had resolved, in December, 

1774, to support the first Continental Congress, a new and more 
carefully organized county committee was established, which began 
to meet in January. 1 It was composed of deputies from the three 
wards of the city and from the precincts of the county. March 1, 

1775, at a meeting of this committee the chairman produced a 
letter from the Albany members of the Assembly, which recom- 
mended that measures be taken for the election of delegates to 
Philadelphia. It was therefore resolved to request the subcommit- 
tees of the different districts in the county to assemble at Albany 
on March 21, ''with full power to elect delegates." 3 Meanwhile 
the letter from New York reached Albany and gave a new direc- 
tion to the activity of the committee. It is not known how this 
letter reached the various districts, but that it did reach them is 
evident from the fact that when the general committee met on 
March 21 all of the deputies had been authorized to elect delegates 
either to the Congress at Philadelphia or to the convention at New 
York. 3 All of the committee except Henry Bogart were found to 

1 This new committee is commonly known as the Committee of Safety. The manu- 
script minutes of this committee, in two volumes, are preserved in the state library at 
Albany. The full title is " Minutes of the Proceedings of the Committee for the City 
and County of Albany, begun January 24, 1775." The two volumes cover the period 
from 1775 to 1778. Exceptftt the beginning, the correspondence of the committee is 
omitted. At the beginning every page is numbered ; near the close of the first volume 
the practice was introduced of numbering each leaf only; most of the second volume is 
not paged at all. For the privilege of examining these minutes I am indebted to the 
courtesy of Mr. J. F. A. Van Laer, keeper of the manuscripts at the New York State 
Library. For convenience the citation will be " Minutes of the Albany Committee." 

2 " A letter being produced by the chairman from Colls : Schuyler, Ten Broeck, and 
Livingston, members of the general Assembly, recommending the committee to appoint 
delegates to the intended Congress to be held at Philadelphia. ... It was unanimously 
resolved that letters be wrote to the committee of the different districts of this county 
requesting their meeting at the House of Richard Cartvvright the 21 st day of this month, 
at two o'clock ... . with full power to appoint delegates." Minutes of the Albany 
Committee, I. 10. 

3 " First the chairman put the question whether the members were fully authorized 
by their constituents to elect Delegates or Deputies to meet the Deputies from the other 
counties it appeared that they were unanimously empowered to appoint either." 

AM. HIST. REV., VOL. IX. — 6. 


g 2 C. Becker 

be in favor of sending delegates to the convention ; and a ticket of 
five members was unanimously chosen for that purpose. 1 In Kings 
County representatives of four townships met at the county hall 
April 15 and unanimously appointed five deputies to attend the 
convention. The township of Flatlands remained neutral, neither 
supporting nor opposing the measure. 2 In Orange County the 
four precincts of Cornwall, Goshen, Haverstraw, and Orangetown 
held separate meetings and named deputies. 3 Of any opposition 
in these precincts, or of any action at all in others, there is no record. 
In Suffolk a county meeting was held at the county hall, April 6, 
and five delegates were chosen to represent the county. 1 Ulster 
County chose delegates in the same way. On April 7 thirty-nine 
deputies, from ten towns, assembled at New Paltz. Three delegates 
were named. 5 This action was approved by another town, Roch- 
ester, where a meeting was held on the same day. Opposition 
appears to have been confined to a letter signed by Cadwallader 
Colden, Jr., and Peter and Walter DuBois, protesting against the 
election as unlawful. 

In Dutchess, Queens, and Westchester there was strong opposi- 
tion. Although Dutchess sent delegates in response to the New 
York letter, it is doubtful whether a majority of the inhabitants were 
in favor of doing so : it is certain that a majority of the precincts were 
not. The question was taken up first in the towns or precincts 
separately, although the meeting in Charlotte precinct is the only 
one of which a record has been preserved. 7 Of the eleven precincts 

Minutes of the Albany Committee, I. 12. The committee, at this meeting, consisted of 
fifteen members from the following districts : First Ward, 2 ; Second Ward, 1 ; Third 
Ward, 2 ; two districts of Rensselaerwyck, 2 ; Manor of Livingston, I ; Schaghtchick 
district, 2; Claverack, I ; Scoharie and Duanesburgh, 2 ; Nestegarie and Halfmoon, I ; 
Saratoga, 1. Ibid. 

> " A motion was made by Walter Livingston whether Deputies shall be appointed 
to represent the City and County of Albany to meet the 20 day of April ... at the 
city of New York. . . . Resolved, unanimously, that Deputies be appointed . . . Mr. 
Henry Bogart . . . dissented, he being for appointing delegates for the City and County 
of Albany to meet the intended congress at Philadelphia. Resolved by a majority that 
five persons be appointed. . . . Resolved unanimously that Abram Yates, Walter 
Livingston, Col. Schuyler, Colonel Ten Broeck and Col. Peter Livingston are ap- 
pointed." Ibid., 12. 

2 Calendar of Historical Manuscripts, I. 41. 

» 4 American Archives, II. 275, 352, 353; Calendar of Historical Manuscripts, I. 

2, 3- 

' Ibid., I. 19. 

S George Clinton Manuscripts, I. 55 ; Calendar of Historical Manuscripts, I. 21, 22. 

'•thii/., I. 22, 23; Schoonmacher, Kingston, 166. 

1 1 be meeting was held April 7. The vote stood 140-35 in opposition to delegates. 
About 100 more appeared after the poll closed, and offered to vote for " constitutional 
liberty,' ' but the advocates of the Congress " gave up the contest." New York Mercury, 
April 17, 1775; 4 American Archives, II. 304. 

Delegates to Second Continental Congress 83 

in the county seven were opposed to sending delegates to the con- 
vention, four were in favor of doing so. The conservatives claimed 
that in the county as a whole there was a large majority opposed 
to the convention ; the radicals claimed that there was a majority 
in favor of it. 1 On the strength of this claim a general meeting was 
held April 14, consisting of deputies from the four radical precincts, 
which named three delegates to represent the county. 2 Although 
it must be said, at the very least, that the wishes of Dutchess 
County were not ascertained in any satisfactory manner, the dele- 
gates were received by the convention. In Queens County the matter 
was taken up by the towns separately also. Three towns, Jamaica, 3 
Hempstead, 1 and Oyster Bay, 5 voted not to send delegates ; two 
towns, Newtown" and Flushing, 7 appointed one delegate each. In 
Jamaica s and Oyster Bay 9 the radicals held subsequent meetings 
and appointed delegates to attend the convention as minority repre- 
sentatives. These four delegates (two representing two towns as 
such, two representing minorities in two other towns) attended the 
convention, but that body decided that Queens County was not en- 
titled to vote on the measures which came before it. In West- 
chester careful management on the part of the radicals was all but 
necessary to get the county represented. The New York letter 
appears to have been communicated — it is not clear just how 10 — 
to twelve gentlemen residing in four towns 11 in the southern part 
of the county. These twelve gentlemen met at White Plains, 

I Ibid., 304, 305. 

8 Calendar of Historical Manuscripts, I. 41. The four precincts were Rheinbeck, 
North East, Armenia, and Rumbout. Poughkeepsie was one of the seven opposed to 
the convention. It seems not unlikely that Dutchess was far from having a majority in 
favor of the convention. 

3 By vote of 94-82. New York Mercury, April 3, 1775 ; Rivingtori s Gazetteer, 
April 6, 1775 ; 4 American Archives, II. 251, 838, 839. 

4 By resolution in town meeting. Rivingtoii' s Gazetteer, April 6, 1775 > Calendar 
of Historical Manuscripts, I. 38, 39; 4 American Archives, II. 273. 

5 By resolution in town meeting ; vote, 205-42. Onderdonck, Documents and Let- 
ters . . . of Queens County, 26. 

6 By a popular meeting of freeholders. It is said that 100 freeholders, a majority of 
all the freeholders in the town, were present. Jacob Blackwell was elected unanimously. 
4 American Archives, II. 356 ; Onderdonck, Documents and Letters . . . of Queens 
County, 23 ; Ricker, Newtown, 179. 

7 John Talman, elected by " great majority" in town meeting. 4 American Ar- 
chives, II. 356; Onderdonck, Documents and Letters, 25. 

8 Joseph Robinson. 4 American Archives, II. 356. 

9 Zebulon Williams (formerly Seaman) was given " full power and authority to act " 
in behalf of forty-two freeholders. Calendar of Historical Manuscripts, I. 39, 40. 

10 According to Dawson, there was no " vestage" of the old committee left in West- 
chester, to which the letter might be sent. He thinks the letter was sent to Lewis Mor- 
ris and communicated by him to the twelve men. Dawson, Westchester County, 65, 66. 

II Theodosius Bartow, James Willis, Abram Guion, of New Rochelle ; William Sut- 
ton, of Mamaronec ; Lewis Morris, Thomas Hunt, Abram Leggett, of Westchester ; 
James Horton, of Rye. 

84 C Becker 

March 28, in order to devise means for "taking the sense of the 
county " on the subject of the convention. For this purpose a cir- 
cular letter was issued by them and sent to the different districts, 
calling a general meeting of the freeholders and freemen at White 
Plains, April 1 1 . As it was well known that the initiators of this 
movement were radicals, a letter was circulated by the conservatives, 
dated New York, April 6, urging all who were opposed to conven- 
tions and congresses and in favor of the Assembly's measures to 
assemble at the time and place appointed for the radical meeting. 1 
On April 1 1, accordingly, some two hundred and fifty persons met 
at White Plains, the two parties establishing their headquarters at 
different taverns in the town. About 12 o'clock the radicals assem- 
bled at the court-house and were proceeding to the business of the 
day when the other party, led by Isaac Wilkins and Colonel Philips, 
marched in from Hatfield's tavern. Either from principle or from a 
consciousness of inferior numbers, they made no attempt to decide 
the question by ballot. Isaac Wilkins, speaking for the party, 
stated that they wished to have nothing to do with congresses or 
deputies, that their sole purpose was to protest against " such illegal 
and unconstitutional proceedings." Giving three cheers, the party 
returned to Captain Hatfield's, " singing as they went the grand and 
animating song of God save great George, our King." Here, cer- 
tainly, conservatism was hardly to be distinguished from loyalism. 
Without further opposition the radicals at the court-house proceeded 
to appoint eight delegates to the convention. As usual, each party 
claimed a majority. 2 The one county which definitely refused to 
send delegates was Richmond ; 8 those which apparently took no 
action were Charlotte, Cumberland, Tryon, and Gloucester. 

The provincial convention assembled at New York on April 20. 4 
Credentials of election were presented by delegates from New York, 
Albany, Ulster, Orange, Westchester, Kings, Suffolk, Queens, and 
Dutchess. The delegates from Queens were debarred from voting ; 5 
but, even with this exception, a majority of the counties in the 

'4 American Archives, II. 282; Dawson, Westchester County, 67. 

2 The principal source for the meetings of March 28 and April 11 is the published 
statement made by Lewis Morris, who was chairman of the meeting of April n. 4 
American Archives, II. 3I4 ; Calendar of Historical Manuscripts, I. 20, 21 ; New York 
Mercury, April 17, 1775 ; Rivinglon' s Gazetteer, April 20, 1775 ; Bolton, Westchester 
County, II. 349 ; Dawson, Westchester County, 67. The statement of Morris should be 
checked by the conservative account of the meeting of April 11, in New York Mercury, 
April 17, 1775 ; 4 American Archives, II. 321. Cf. second statement of Morris, May 7, 
Ibid., 323. 

3 Meeting of April 11 opposed convention almost unanimously. Ibid., 313. 
1 Minutes preserved complete. Ibid., 351-358. 

r >" That the gentlemen from Queens County, viz., John Talman, Joseph Robinson, 
Zebulon Williams, and Col. Jacob Blackwell, be allowed to be present at its deliberations 

Delegates to Second Continental Congress 85 

province were represented. On the following day the old dele- 
gates, 1 with the exception of Isaac Low and John Herring, 2 together 
with five others — Peter Schuyler, George Clinton, Lewis Morris, 
R. R. Livingston, and Francis Lewis — were elected to represent 
New York province in the second Continental Congress. Of this 
delegation the city's members were no longer a majority. One of 
the most conservative of the old city delegates, Isaac Low, had 
been replaced by an avowed radical, Francis Lewis. The conserva- 
tive programme — the attempt to steer a clear course between abso- 
lute revolution on the one hand and submissive loyalism on the 
other — had broken down, and the disintegration of the conserva- 
tive faction was practically complete : loyalists and revolutionists 
stood face to face. 

Carl Becker. 

and will take into consideration any advice they may offer, but cannot allow them a vote ; 
with which those gentlemen declare themselves satisfied." 4 American Archives, II. 
356 ; Onderdonck, Documents and Letters, 22. 

1 Isaac Low, James Duane, Philip Livingston, John Jay, and John Alsop, of New 
York city ; Henry Wisner and John Herring, of Orange ; William Floyd, of Suffolk ; 
Simon Boerum, of Kings. 

2 Herring gave satisfactory reasons for declining an election. Low was chairman of 
the Committee of Sixty, but he was not in sympathy with the radical policy of the commit- 
tee. He was nominated, nevertheless, as one of the eleven deputies to the provincial 
convention. Before the election came off he announced that he would not attend the 
convention if elected. He was elected but did not attend. As the convention was lim- 
ited to its own members in the choice of delegates to Congress, the secretary visited Low 
and asked him if he considered himself a member of the convention. He replied that he 
did not. 4 American Archives, II. 355, 357. 


/. Correspondence of the Comte de Moustier with the 
Comte de Montmorin, ijSj-iy8c> 

( Second Instalment. ) 

viii. Moustier to Montmorin. 

(Archives des Affaires Etrangeres, Etats-Unis, 178S, Tome 
33, folios 238 ff.) 

N? 18. A Newyork, le 2. Aoiit 178S 

rec. le 26. septembre 
N^orkVfa'nouvefie L'Etat de Newyork a enfin accede le 25. du mois dV a la 

adopt!=e U p™onL S E t r a t U s Ve nouvelle Constitution, qui se trouve adoptee par onze Etats. 
Les modifications recommandees sont si nombreuses et si im- 
qu^op6reracettenouveHe portantes, que si le nouveau Congres y a egard, cette Consti- 
Constitution. tution conservera a peine l'apparence de sa premiere forme. 

Cependant on a porte un grand coup a la souverainete par- 
ticuliere des Etats pris separement. Le phantome de Demo- 
cratic qui avoit seduit le peuple est au moment de disparoitre. 
La majorite credule enivree des plus belles esperances, dont 
elle s'est laisse repaitre, a forge elle-meme les liens, par les- 
quels tot ou tard les Chefs du peuple parviendront a l'assu- 
jettir et a le gouverner apres avoir paru vouloir lui obeir. La 
Constitution est prise a l'essai jusqu'a ce qu'on en trouve une 
meilleure. Cette disposition a toujours perfectionner est 
infiniment favorable aux vues des ambitieux, qui parviendront 
a force de changemens a lasser le peuple Americain et a lui 
faire recevoir par nonchalance le joug qu'on lui prepare et 
qu'il suportera probablement beaucoup plus patiemment 
qu'on ne le pense. Les modifications proposees offrent 
d'emblee une foule de pretextes meme pour une refonte de 
Gouvernement. Cette voie est ouverte aux divers partis. 
II n'est pas douteux qu'ils n'en profitent chacun selon leurs 
vues. 1 

1 Three years later, when Moustier represented France at the court of 
Berlin, lie published a pamphlet entitled De V Inleret de la France a une 
Constitution Monarchiquc. In it he makes the following remarks on the 
American Constitution : " La n6cessite d'une constitution a ete senti par 
les hommes sages et les vraies politiques des Etats AmeTicains. En dignes 
mitateurs de Solon, ils en ont redige une qui, si elle n'est pas la meil- 

Correspondence of the Comte de Monstier 87 

fetes donnees 4 cette l e n0UV e]le Constitution a paru un remede a tons les raaux 

occasion, par les Corps et r 

metiers, et auxqueiies le d nt gemissent les Etats-Unis. La joie de la majorite s'est 

Congres a assiste, ainsi ^ J J 

que les Ministres Etran- exprimee particulierement par des rejouissances publiques. 
Differentes villes ont fait des processions ou toutes les classes 
de Citoyens ont figure. Celle de Newyork n'a rneme pas 
attendu que la Convention de l.'Etat auquel elle appartient 
eut prononce. Elle a fait sa procession dans un moment ou 
Ton doutoit fort que l'Etat adoptat la Constitution. Ce 
qu'il y a ed de particulier a cette fete populaire c'est que le 
Congres ait hazarde d'en sanctionner en quelque sorte l'objet, 
qui etoit de manifester 1' opinion particuliere de la ville en 
opposition avec celle qu'on supposoit a l'Etat, en assistant en 
corps et par consequent comme souverain a un repas asses 
mediocre donne par les corps et metiers de la ville. J'avois 
ete invite et j'ai assiste a ce repas a la droite du Congres et 
ayant a la mienne de suite le Ministre Plenip? des Etats 
Generaux, le Charge d'affaires Plenip? d'Espagne, les Consuls 
et autres etrangers de distinction. A la gauche du Congres 
etoient ses officiers et les Membres du Clerge de la Ville, 
Anglicans, Presbyteriens, Catholiques, Lutheriens, Cal- 
vinistes, Juifs, tous indistinctement, excepte que l'Eveque 
Anglican avoit pris la droite de tous les autres et avoit dit le 
benedicite. Le Congres s'etant appercu lui-meme qu'il etoit 
deplace dans cette fete comme faisant corps a voulu soutenir 
ensuite qu'il n'y avoit point ete comme Congres, mais j'ai 
insiste partie en riant, partie serieusement avec les differens 
Membres que telle avoit ete 1' opinion de tout le monde, que 
sans cela ils auroient du etre epars parmi les convives et que 
j'aurois du etre a la droite du President. Au reste tout ce 
ceremonial peut etre regarde comme sans! consequence, 
quoiqu'on cherche a en mettre partout, il n'est encore regie 
sur rien ; mais c'est une maladie de ce pays aportee de la 
Mere-patrie, ou Ton forme des pretentions de ce genre a 
chaque instant. II faut esperer que cet inconvenient dispa- 
roitra insensiblement. 

Un des objets de la fete des Citadinsde Newyork etoit de 
cajoler le Congres et de 1' engager a ajourner ici le nouveau 
corps souverain. Le Congres de son cote a paru vouloir 

leure qu'on put leur donner, est la meilleure qu'ils pussent recevoir, eu 
egard a toutes les circonstances. lis ont eu meme le management de con- 
server le nom de Confederation, tandis qu'ils operaient une consolidation. 
... Ils ont eu cet egard pour la faiblesse d'un peuple ombrageux et qui 
n'etait pas assez generalement eclaire sur les avantages de mettre des 
bornes a la liberte naturelle pour mieux la garantir. Enfin la constitution 
Americaine a fait de l'agregation des tous les Etats Americains une veri- 
table Monarchie sous le titre d'une union qui chaque jour developpera 
davantage les traits encore faiblement prononce d'une organization 
monarchique." Note b, pp. 97-100. 

SS Documents 

remettre sa decision a cet egard au moment ou la Convention 
auroit adopte la Constitution. Quelques uns de ses Membres 
n'ont pas neglige d'insinuer que cette incertitude etoit le 
seul obstacle qui empechoit le Congres d'ajourner le nouveau 
ici. Ce leurre a eu son effet. Les Federalistes de la Con- 
vention ont meme ete jusqu'a avancer qu'il n'y auroit aucune 
difficulte des que l'Etat de Newyork seroit entre dans la nou- 
velle union. Aujourd'hui que la feinte n'est plus necessaire 
les Pennsylvaniens mettent tout en jeu pour obtenir la prefe- 
rence en faveur de Philadelphie. La semaine entiere a ete 
employee en debats sur ce sujet, dans lequel il paroit que 
l'interet personnel a bien plus de part que l'interet pub- 
question ag.tee sur le La question de l'ajournement pour le lieu et le tems aux- 

lieu et le tems oil sera 1 -i ■_ j 1 a •*.£ l) ^ „i.' j l 

ajourne le congres. quels il convient de le fixer a excite 1 attention de tous les 

Etats et en consequence il se trouve ici des Delegues de 
chacun d'eux; ils se disperseront vraisemblablement des que 
cesdeux objets seront decides. Les Delegues de Rhodeisland 
se contentent d'assister aux deliberations sans prononcer sur 
une question qui peut-etre regardee comme etrangere a leur 
Ktat puisqu'il a rejette la nouvelle Constitution, 
tableau de la nouveiie tj^s que l'opinion de la Nord Caroline sera connue, i'aurai 

Constitution dont M. de 1 L J 

Moustier fera l'envoi, 1'honneur de vous presenter, Monseigneur, dans un meme eli- 
des que l'opinion de la 

Nord Caroline sera semble la Constitution telle qu'elle a ete proposee par la Con- 

connue. . , 

vention generale avec le raprochement des differentes modi- 
fications proposees par les Conventions particulieres. Je 
separerai cet expose des observations que je me propose 
d'avoir l'honneur de vous soumettre sur 1' influence de la Con- 
stitution sur la politique exterieure des Etats-Unis et sur les 
probabilites du systeme qui pourra prevaloir a cet egard. 

On a eu ici un exemple de ce qu'on doit attendre du parti 
dominant dans les changemens de Gouvernement malgre le 
beau nom de liberte qui se trouve bien rarement rej)ondre aux 
faits. Un malheureux Imprimeur qui s'est mis le dernier a 
fabriquer une gazette dans une ville ou il y en a beaucoup 
trop, avoit imagine pour donner de la vogue a sa feuille de 
recueillir les petits propos et les petits faits contraires au parti 
federaliste. Une mauvaise plaisanterie sur un accident arrive 
a la procession federale a ete punie par la destruction de son 
imprimerie et des insultes personnelles 1'ont oblige a fuir sa 
maison et a l'abandonner aux champions de la liberte, qui en 
font souvent un terrible usage contre les plus foibles, lorsque 
ceux-ci ont l'imprudence d'user sans precaution de celle qu'ils 
croient avoir de leur cote. 

Je suis avec respect 


Le C te de Moustier. 

Correspondence of the Comte de Moustier 


regrets de M. de Mous- 
tier stir 1'interruption des 
Haquebots, surtout dans 
lacirconstance duchange- 
ment de la constitution 

Memoires prepares par 
M. de Moustier sur la 
maniere d'envisager la 
nouvelle constitution. 

memoire redige par M. 
<le Moustier qui renferme 
tin plan sur la maniere de 
rendre utile au Roi la 
nouvelle constitution 


Importance du moment 
actttel pour profiter des 
avantages que nous offre 
la nouvelle constitution. 

propos du General 
Washington sur les 
moyens qu'a le Roi de 
faire que les Etats-Unis 
trouvassent leur interet 
dans leurs liaisons avec 
S. M. 

ix. Moustier to Montmorin. 

(Archives des Affaires Etrangeres, Etats-Unis, 1788, Tome 
33, folios 332 ff.) 

N° 26. A Newyork le 18. Novembre 1788 

' s rec. le 1 1 fev. 1 789 


L'interruption des Paquebots m'a prive entierement 
jusqu'a present de l'avantage de recevoir quelque reponse 
aux differentes Depeches que j'ai eu l'honneur de vous adres- 
ser. J'en ai d'autant plus de regret que depuis raon arrivee 
sur ce Continent j'ai vu consommer une revolution dans le 
Gouvernement des Etats-Unis, qui change entierement les 
raports sous lesquels on a pu les envisager jusqu'a present. 

J'ai prepare en consequence des Memoires 1 pour vous 
exposer les differents points de viies sous lesquels on pent 
envisager les effets du nouveau Gouvernement Americain ; 
mais d'une part ils sont un peu trop etendus, pour pouvoir 
etre transcrits en chiffre et d'une autre je ne puis trouver une 
occasion sure, pour vous les faire parvenir. J 'attends tou- 
jours avec confiance, Monseigneur, que vous m'en fournissiez 
une vous-meme. J'ose meme me flatter qu'avant la reception 
de mes memoires dont l'un renferme un plan general de con- 
duite envers les Americains unis, vous m'aurez vous-meme 
present en partie d' adopter la marche que je crois la plus 
propre a rendre utile au Roi, une revolution, dont il a 
recueilli tant de gloire. 

Le moment actuel est critique ; il nous est favorable, mais 
il seroit possible qu'un trop long delai nous fit perdre une 
occasion, qui ne se retrouveroit peut-etre plus avec les memes 
avantages. Je dois penser que l'Angleterre qui a traite 
depuis la paix des Etats-Unis avec un dedain, fonde sur leur 
situation reelle, plustot que sur celle dont on auroit pu les 
croire susceptibles, changera de conduite envers eux, des 
qu'Elle aura reconnu la stabilite et la regularite de l'adminis- 
tration, dont la nouvelle constitution les rend susceptibles. 

J'ai lieu de me louer des dispositions que j'ai trouvees 
dans plusieurs des principaux personnages influents sur ce 
Pays-ci. J'ai ete parfaitement satisfait en particulier du 
General Washington, avec qui j'ai passe plusieurs jours. Le 
resultat de ses conversations a ete en propres termes " que 
" tres certainement on etoit encore anime dans les Etats-Unis 
"d'une vive et sincere reconnoissance envers le Roi et la 

1 The titles of these memoires were : I. "Aux Consequences probables 
de l'etablissement du nouveau Gouvernement quant a l'administration in- 
terieure des Etats-Unis " ; II. " Des rapports du nouveau Gouvernement 
des Etats-Unis avec les Puissances etrangeres." 

90 Documents 

"nation francoise ; mais que neantmoins l'interet seul pou- 

" voit fixer les liaisons entre nations ; qu'il etoit tres aise de 

" reconnoitre qu'il ne tenoit qu'a Sa Majeste de faire en sorte 

"que les Etats-Unis trouvassent leur interet a etre etroite- 

" ment unis avec Elle." 

Le G' Wasington sera Cette conclusion est d'autant plus remarquable, que le 

?teii e "ui de convrenty"m- G . Wasington sera president des Etats-Unis, si cela lui con- 

portance de son pouvoir v i en ); e t que son pouvoir et son influence en cette qualite 

en cette qualite. t i ^ 

sont de la plus grande importance selon la nouvelle Constitu- 
tion. J'ai tache dans toutes les occasions, sans me compro- 
mettre de faire penser que si jusqu' a present nos liaisons avec 
les Americains n'ont pas ete plus etroites, la faute n'en doit 
etre attribuee qu'a leur constitution vicieuse, et que la revo- 
lution qu'Elle vient d'eprouver a toujours ete desiree par S. 
M. et son Conseil. Ce langage me paroit utile et meme 
necessaire, en pensant que l'evenement est en quelque sorte 
consomme, et qu'il ne s'agit plus que d'en tirer le meilleur 
Cest au mois de Mars parti. C'est au mois de Mars que le nouveau Congres doit 
^embierT° nsres d01t sas s' assembler ; l'epoque est prochaine. S'il vous paroit neces- 
manck U M° n de Moustkr saire, Monseigneur, que je recoive des instructions conformes 
reiativement au nouvei ^ un or dre de choses qui ne subsistoit pas a mon depart du 

ordre de choses qui va t r I 

setabiir. RoyaiuTie, je pense que dans le cas ou les paquebots, pour 

communiquer avec les Etats-Unis, ne seroient pas encore 
retablis, vous pourriez neantmoins me les faire parvenir par 
un aviso. 

On regrette particulierement 1' interruption des paquebots 
dans des circonstances, qui sembloient favoriser des specula- 
tions plus sures et plus regulieres entre les deux nations. Le 
diminution du Com- Commerce d'Angleterre diminue un peu. Quelques manu- 
merce de l'Ang™ en f ac t u res americaines fournissent des obiets communs qu'on 

Amenque. J 1 

tiroit auparavant de la Grande Bretagne. Le peu d' articles 
qu'on commencoit a importer de France avoit un debit 
assure. Mais ce n'est en quelque sorte qu'en tatonnant que 
les Commercans Francois et Americains reprennent un Com- 
merce qui a ete entrepris d'abord avec une hardiesse que rien 
n'authorisait et qui provenoit de la presomption plutot que de 
reflexions sur les la connoissance reelle que les deux nations avoient de leurs 

moyens de faire fructifier . ■ , ,~, . ... 

le commerce de France ressources et de leurs moyens. Ces premiers essais doivent 
etre encourages ; ils sont les germes d'un commerce qui con- 
duit sagement et graduellement peut offrir d'autant plus 
d'avantages qu'ils sont reciproques. Pour les favoriser il faut 
assurer aux deux nations des voyes de correspondance. Si le 
Commerce avoit acquis toute l'etendue dont il est susceptible 
il entretiendroit lui-meme ces voyes, mais il n'est que naissant 
et a peine dans l'enfance ; si le Roi ne vient pas a son secours 

grande utilitc qu'il y c , T , . , ■. 

auroitarttablirlespaquc- cette entance sera longue. Je ne puis m empecher de croire 

bots, en favcur du com- l'-^ii* t j -r» i . i n . , r-r • 

quel etalnissement des Paque DO.t§ £our les E tats- urns est cer- 

Correspondence of the Comte de Mousticr 9 1 

les Etats-Unis auroient 
pu subvenir cette annee 
au besoin que nous avons 
de nous procurer du ble. 

inconvenients qui re- 
sultent de l'interruption 
des paquebots. 

Les onze Etats qui ont 
adopte la nouvelle Con- 
stitution s'occupent du 
choix des senateurs et 
representants au nouveau 

difference qu' il y aura 
entre les pouvoirs du nou- 
veau Congres avec ceux 
de l'Ancien. 

tainement considere comme utile et que la depense qu'il peut 
occasionner n'est qu'une tres legere avance faite pour ouvrir 
des canaux qui la feront rentrer au Centuple. Plusieurs nego- 
cians accoutumes a donner et a recevoir des commissions par 
cette voye ont ete pris au depourvu et ont s-ouffert d'une 
interruption qui a eu lieu avant qu'ils en ayent pu etre avertis, 
tandis que beaucoup de leurs speculations ont manque par cet 
evenement. Quelques uns meme sont obliges d'aller en 
France par la voie de l'Angleterre pour regler leurs affaires. 
Aujourd'hui il se repand que le Royaume a besoin de grains 
par une suite de la grele qui a detruit une partie des recoltes, 
que la guerre entre les Puissances du Nord de 1' Europe prive 
de la ressource des grains de Pologne, que la cote de Barbarie 
n'en peut point fournir cette annee et que par consequent 
les Etats-Unis pourroient subvenir dans cette circonstance au 
besoin du Royaume. On pense que cet evenement seroit in- 
finiment favorable pour etendre le Commerce entre les deux 
Nations puisque les Americains auroient des moyens de payer 
en denrees la valeur d'une grande quantite de marchandises 
de France, auxquelles aujourd'hui faute de capitaux et de 
credit ils sont obliges de renoncer. Cependant malgre ces 
apparences flatteuses les Americains aiment mieux se borner 
a leurs operations circonscrites dont ils connoissent d'avance 
le resultat que de se livrer a celles qu'ils ne peuvent calculer 
avec precision faute d' informations asses sures et assespromptes. 
Je me suis un peu etendu, Monseigneur, sur une partie des 
effets de l'interruption des paquebots, parceque dans la situa- 
tion ou je me trouve, je suis plus a portee que personne de 
les apercevoir et que je suis persuade qu'il suffit de les indi- 
quer pour engager le Conseil du Roi a opiner pour la conser- 
vation d'un etablissement tres avantageux quoiqu'aussi peu 
couteux que peut l'etre celui des paquebots selon le plan que 
j'ai adresse au secretaire d'Etat de la Marine au commence- 
ment de cette annee. 

Les onze Etats, qui ont adopte la nouvelle Constitution 
sont occupes actuellement du choix des senateurs et des repre- 
sentans qui doivent sieger au nouveau Congres ainsi que des 
Electeurs qui doivent elire le President et le vice-President 
des Etats-Unis. Quelques senateurs sont deja nommes ; on 
presume quels pourront etre les autres et Ton en augure tres 
favorablement. II paroit qu'a aucune epoque les interets du 
peuple Americain n'auront ete confies a des hommes plus dis- 
tingues par leurs lumieres, leur zele, et leur talens. II n'y 
aura de raport entre l'ancien et le nouveau Congres que dans 
le mot employe pour designer le corps charge de la puissance 
publique. Le nouveau l'aura de fait et pourra jouir de la 
consideration attachee aux hommes qui en sont revetus. 

9 2 Documents 

L'ancien ne possedoit que l'ombre de l'autorite souveraine, 
qui avoit acquis quelque consistance dans un tems de crise et 
qui avoit paru dans sa vraie forme des que le danger avoit 
disparu. II etoit tems pour la dignite et les interets des Etats- 
Unis qu'un corps reduit presqu'a l'avilissement plus encore 
par defaut de force que par manque de sagesse fut remplace 
par un Congres qui reunit l'un et l'autre. Aussi les Candi- 
dats qui aspirent a l'un sont ils fort differens de ceux qui 
composoient l'autre en general. Dans le moment actuel, 
quoique chaque Etat ait nomme les Membres qui doivent 
composer le Congres pour le tems qu'il a encore, non pas a 
agir, mais a figurer, il ne se trouve que trois Delegues en 
tout dans cette ville. L'annee federale etant expiree au pre- 
mier Lundi de ce mois il n'y a plus de President du Congres 
et comme il faut sept delegations completes pour en elire un, 
peut-etre n'y procedera-t-on qu'au moment de la transmuta- 
tion du Gouvernement. Les Officiers du Congres sont egale- 
ment disperses, de sorte qu'il subsiste une espece d'interregne 
dans la Confederation Americaine de meme que depuis long- 
tems elle a ete dans une sorte d'anarchie sourde, qu'on peut 
comparer a une fievre lente. Mais si les hommes publics ne 
s'occupent pas des affaires dans ce moment, on ne sauroit 
douter que les particuliers ne soient fort actifs dans toutes les 
demarches qui peuvent leur donner quelqu' importance ou 
leur procurer quelque avantage sous le nouveau Gouvernement. 
Je suis avec respect 

Votre tres humble et tres obeissant serviteur 
Le C te de Moustier. 

x. Moustier to Montmorin. 

(Archives des Affaires Etrangeres, Etats-Unis, 1789, Tome 
34, folios 34 ff. ) 

N? 8. A Newyork le 20 Mars 1789. 

rec. le 29 Juin. 1 
expiration de l'ancien Une nouvelle epoque dans l'histoire de l'Anierique unie 

uTa r ntere r Z)'t''!i's'etT,'it est marquee actuellement par l'expiration du Congres com- 
pose d'abord des Delegues de treize Colonies de la Grande 
Bretagne, qui s'etoient unis pour consul ter sur les moyens 
d'obtenir le redressement de leurs griefs contre la Mere 
patrie, qui ensuite se sont confederees pour agir et enfin se 

1 Under the same date and enclosed with this despatch there is the 
copy of an article which Moustier had prepared for publication in the 
Gazette de France. Among other things this article says : "On peut done 
dire r|uc depuis le mois de Nov h . re dernier les Etats-Unis n'ont pas eu de 

fwi in- 

Correspondence of the Comtc de Moustier 93 

sont declarees Etats libres et independans. Dans ces diffe- 
rens degres de pouvoirs le Congres n'en a jamais joui d'aucun 
bien reel. La crainte dans les premiers terns reunissoit 
les esprits, toujours portes dans les momens de crise et de 
souffrance a obeir a la voix qui les guide, la deference appa- 
rente d'un General que sa prudence et son bonheur rendoient 
le premier homme du peuple qu'il defendoit, les egards 
temoignes par les etrangers contribuoient egalement a donner 
une grande consideration au Congres. 

L'eloignement du danger, l'inutilite du Sauveur de la 
patrie, la presomption qu'on n'avoit plus aucun besoin de 
secours etrangers a reduit le Congres a l'exercice veri- 
table de ses fonctions qui consistoient a deliberer sans avoir 
aucun moyen de coercion. Tout aboutissoit a des resolu- 
tions, et des recommandations, dont l'execution dependoit des 
gens, dont les interets particuliers etoient absolument en op- 
position avec les interets publics. Aussi quoique la plupart 
des resolutions et des recommandations du Congres fussent 
dictees par la sagesse et asses generalement par l'honneur 
elles sont presque toujours restees sans effet. Son impuissance 
ayant ete sentie, quelques hommes sages ont cherche a y 
remedier de bonheur en attribuant au Congres l'exercice reel 
de certains pouvoirs. Cette premiere idee a bientot ete 
etendue jusqu'a une reformation totale a laquelle ont con- 
courru egalement des hommes bien intentionnes et d'autres 
qui ont vu que dans un si grand cbangement ils trouveroient 
une voie ouverte a leur ambition. Dans le passage d'une 
idee a l'autre et durant le terns employe a la reformation du 
Gouvernement federal, le Congres etoit tombe graduellement 
dans une sorte de mepris, qui rendoit les gens les plus con- 
siderables presque honteux d'y entrer. Beaucoup d'autres 
dont les occupations etoient lucratives refusoient de remplir 
des places, oii il n'y avoit ni honneur ni profit a acquerir. 
Un tres petit nombre de gens de merite se sont trouves dans 
,,, , . ce corps pendant ces dernieres annees. La majorite des 

Llasse des gens qui sr r J 

composoieni la majonte membres qui le composoient etoient des oisifs sans etat, sans 

des Membres du Congres. * x 

occupations et sans talens ou de jeunes gens a peine sortis du 
college. La petite retribution qui leur etoit accordee et le 
titre d' 'honorable attache au caractere de Delegue subvenoit 
aux besoins des uns et flattoit la vanite des autres. Le Con- 

Gouverneraent general et que cette machine a besoin d'etre entierement 
remontee. Les admirateurs outres de la republique Americaine pourront 
se convaincre a present de la grande distance qu'il y a d'une theorie bril- 
lante a une pratique heureuse, et que pendant qu'ils s'evertueroient en 
Europe a prouver 1' excellence de la constitution des Etats Unis, cet edifice 
tombait deja en ruine et etoit detruit par ceux meraesqui l'avoient eleve au 
prix de leur sang et de leur fortune. Ibid., folios 43-44. 

94 Documents 

gres conservoit 1' ombre de l'autorite equivoque, dont il avoit 
joui et paroissoit de loin encore comme un phantome de 
Souverainete. Mais il etoit terns qu'il fut remplace puis- 
qu'il n'avoit pu etre reforme. L'union Americaine alloit 
cesser s'il ne se fut eleve un nouveau centre plus capable de 
consolider toutes les parties qui devoient s'y reunir. 
observation sur la ma- II semble que l'ancien Congres avant de cesser d'exister 

mere dont auroit du se , „ . , , , , . , 

conduire le Congres en auroit du chercher a donner quelques signes de vie qui eut 
laisse un souvenir honorable de ses dernieres actions. II 
auroit pu recueillir tous les renseignemens propres a faciliter 
les premieres operations d'un corps constitue pour agir, il 
auroit pu preparer les expeditions des affaires depuis longtems 
restees sans execution, il auroit pu enfin puisque ses preten- 
tions etoient de figurer comme un corps revetu de la Souve- 
rainete, faire des dispositions qui eussent donne a sa fin une 
apparence de transmutation, au lieu d'une extinction qui a 
caracterise la nullite et la foiblesse en quelque sorte hon- 
teuse d'un corps impuissant. Quelques membres du petit 
nombre de ceux, qui avoient quelque idee de patriotisme ont 
eu le desir de faire un acte de decence et d'utilite, mais le 
plus grand nombre, celui des insoucians et des incapables 
etoit disperse, de sorte que le Congres n'a meme pas pu se 
former et qu'il a cesse d'etre sans avoir meme existe depuis le 
renouvellement de l'ancienne annee federale qui commencoit 
en Novembre. 
Pretentions de quelques On est surpris apres cette espece d' existence de voir les 

membres de i'ancien Con- , . - - , •, i i 

pes. membres qui se trouvent encore ici en petit nombre pretendre 

composer encore un Corps et s'efforcer de reunir quelques 
uns de leurs confreres pour former un Congres selon l'ancienne 
constitution federale, tandis que d'un autre cote les membres 
du nouveau Congres se sont assembles regulierement depuis 
le jour, auquel le nouveau gouvernement fixe sa naissance. 
II se trouve de cette maniere deux soleils a la fois sur le Con- 
tinent Americain. L'un n'a plus ni chaleur, ni eclat, l'autre 
est a peine sur l'horison, il faut le voir s'elever pour le juger. 
II n'est pas trop certain qu'il ne soit pas offusque par quelques 
nuages avant de parvenir a l'elevation vers laquelle il tend. 
Ces nuages pourront renfermer et developper plus d'un orage. 
C'est une petite tache pour un Gouvernement annonce 
comme plus actif et plus energique que celui auquel il succede 
de se trouver a sa naissance dans un etat de nullite ; car tout 
ce que peuvent faire les membres actuels, c'est de se rassembler 
tous les jours pour s'ajourner. Leurs conversations ne sont 
d'aucun poids, elles ne peuvent aboutir a aucune resolution 
legale, tant qu'ils ne formeront pas un nombre competent, 
ce qui s'appelle un quorum dans chaque Chambre. Le quorum 
du Senat doit etre de 12., ce qui fait une voix de plus que la 

Correspondence of the Cornte rfe Moustier 95 

moitie du complet. Celui de lachambre des representans du 
peuple doit etre de 30 sur 59 qui font le nombre complet 
pour les onze Etats-Unis. 
ie retard de piusiems II paroit qu'on n'est pas encore d'accord quelles affaires 

membres du nouveau i j -~,i , . , , ~ 

Congresempechedes'oc- les deux Chambres pourront traiter avant que le Congres se 
j^ures— cause de^ce "re- trouve entitlement forme par la declaration de l'election du 
President des Etats-Unis qui forme la troisieme branche de 
ce corps, sous sa nouvelle forme. Mais cette declaration est 
precisement de leur competence actuelle puisqu'il est stipule 
par la nouvelle Constitution que les billets d'election qui ont 
ete envoyes cachetes par les Electeurs a l'ancien Congres et 
qui sont actuellement sous la garde du secretaire de ce Corps 
doivent etre ouverts par le Senat en presence des representans. 
Le retard des membres, qui auroient pu etre deja arrives a 
empeche jusqu'a present de proceder a une operation aussi 
importante. On voudroit faire croire que les mauvois che- 
mins sont la cause de ce retard, mais le grand nombre ne se 
prete pas a cette excuse, d'autant que l'Etat de Jersey et celui 
de Delaware sont si pres de cette residence federate qu'il n'y 
a aucun pretexte plausible a alleguer pour justifier l'absence 
des membres de ces deux Etats. Le fait est que les gens qui 
composent le nouveau Congres quoique generalement beau- 
coup mieux choisis que ceux de l'ancien se ressentent de 1' in- 
difference generale pour la chose publique des qu'il s'agit d'y 
mettre du sien. Quand personne en particulier ne peut etre 
charge de la honte publique, il arrive souvent que l'honneur 
et l'utilite publics sont compromis. Les Etats-Unis en ont 
fait 1' experience. II est a desirer que le nouveau Gouverne- 
ment puisse remedier aux anciens abus qui ont avile le Congres. 
La negligence qu'ont mise plusieurs Etats a proceder aux 
elections des nouveaux membres soit en s'y prenant trop tard, 
soit en ne s' occupant pas d'ecarter les difncultes, qui pou- 
Tous les membres du voient etre prevues, est cause que tous les membres du nouveau 

nouveau Congres ne sont /-. - - r t i ' *. l. j -nt 

pas encore nommes : Congres ne sont meme pas encore nommes. L etat de New- 
york n'a point de senateurs ; sa Legislature divisee par l'esprit 
de parti et a qui il apartenoit d'y pourvoir en determinant le 
mode de l'election s'est separe sans avoir rien statue. Le 
Congres y pourvoira et ce sera le premier acte de suprematie 
qu'il exercera sur un Etat individuel et precisement sur un de 
ceux qui a montre le plus d'eloignement a investir le Congres 
d'une autorite qui, si elle se maintient, doit necessairement 
affoiblir celle des Etats particuliers. Les representans seront 
elus parce que le mode de 1' Election est determine par la 
Constitution federale, mais on ne connoitra les resultats des 
elections qu'a la fin de ce mois. Le Jersey et le Massachussets 
meme sont incomplets. La Georgie est si eloignee qu'on 
n'est meme pas exactement informe des progres des elections. 


et le nouveau Congres. 

96 Documents 

Tant de negligence n'annonce pas un concours unanime aux 
mesures dont on a espere la regeneration de la prosperite 
publique. II est difficile de juger comment un corps, dont 
les membres n'ont pas le meme esprit parviendra a effectuer 
le bien que 1' accord le plus parfait dans le Congres ne pourroit 
procurer qu'avec le plus grand bonheur. 
observation suri'ancien J'ai era devoir vous faire connoitre, Monseigneur, la fin 

d'un corps qui a joui par un concours singulier de circon- 
stances et a la faveur de son grand eloignement de la partie 
de la terre qui seule s'occupoit avant la revolution Ameri- 
caine de la voix de la renommee d'une reputation et d'une 
admiration, auxquelles il a bien mal repondu. Le debut du 
corps cpii le remplace ne m'a pas paru moins interessant a 
constater. Si ce Colosse enfant s'eleve, se fortifie et se 
maintient on reviendra avec interet sur ses commencemens. 
Si les vastes esperances des Americains ne sont point realisees, 
ils ne recueilleront point le tribut general d'admiration qu'ils 
se donnent deja a eux-memes et que d'apres les evenemens 
anterieurs et le sort de leur premier Gouvernement tant 
exalte on est tres fonde a tenir encore en reserve. Si le 
corps forme par 1' union Americaine acquierre de la vigueur, 
je dirai qu'il n'etoit que derange par des maladies gueris- 
sables. S'il ne sort pas de sa langueur je le regarderai comme 
gangrene et j'envisagerai sa dissolution. Les faits nous 
instruiront de la nature des maux, dont nous voyons les effets 
et nous feront aprecier la qualite des remedes qu'on se dis- 
pose a employer. 

Je suis avec respect 

Votre tres humble et tres obeissant serviteur 
Le C te de Moustier. 

2. A Letter of Noah Webster to Daniel Webster, i8jj. 

For the following letter the Review is indebted to Mr. Worth- 

ington Chauncey Ford, of Washington, D. C. The original letter 

is in his possession. 

New Haven, Sept. 6. 1S34 

I understand by the public prints that you have been charged with 
saying, "Let Congress take care of the rich, the rich will take care of 
the poor." In reply to a letter from Mr. Brooks of Portland, you have 
contradicted the statement, by which it appears to be false and ground- 
less. I confess, Sir, I am mortified that the propagation of such a 
calumny, and its reception by a portion of the people, should make it 
necessary for a gentleman of your character to deny the charge. I am 

A Letter of Noah Webster to Daniel Jf r ebster 97 

mortified that men can be found, in this country, weak enough to sup- 
pose you, or any respectable man, capable of the meanness which could 
dictate such a declaration, or wicked enough to propagate it, knowing it 
to be false. Yet it is not improbable our country contains multitudes of 
persons who may fall under both descriptions. 

But, Sir, this is only a different form of expression, which I have 
known to be used, for more than half a century, to discredit the best 
men that ever adorned the councils of the United States. My age car- 
ries back my recollections farther than yours. In the year 1783, I com- 
menced, as a political writer, a vindication of the measures of the Old 
Congress, in favor of the army. To make good the losses of the army 
by receiving depreciated bills in payment of their wages, and preventing 
a dissolution of the army, Congress granted to the officers half pay for 
life ; which grant, to appease the popular clamor against pensions, was 
afterwards commuted for five years full pay. This grant roused an op- 
position among the more jealous republicans of that day, which agitated 
all New England, but was most violent in Connecticut, in which state it 
came near to cause a revolution. So unreasonable was this spirit of 
opposition, that the officers of the patriotic army, most of whom were 
nearly beggared by the loss of their wages, were represented as having 
enriched themselves by the war of the revolution. They were denounced 
as rich men and aristocrats, who had raised themselves to affluence upon 
the distresses of the' people. The same low jealousy which now de- 
nounces the bank as a moneyed aristocracy, and rich men as the enemies 
of the poor, then assailed the brave men who hazarded their lives and 
property to defend their country, and to whom, under providence, the 
slanderers were indebted for their liberties, and to whom we owe the 
independence of the United States. 1 

At that period, and after the present constitution of the U States 
went into operation, I devoted four or five years almost exclusively to the 
vindication of the measures of 2 Congress and of the administration of 
Washington. My employment made it necessary for me to read all the 
public prints, and of course, to observe all the forms in which the popu- 
lar jealousy appeared, and all the artifices of the opposers of Washing- 
ton's administration, who were originally anti-federalists, and who, with 
one heart and all their influence opposed the adoption of the constitu- 
tion. This party afterward took the title of republican or democratic, as 
being less odious than antifederal, and with equal unanimity, opposed 
the policy of General Washington, during his whole administration. 

As early as the year 1783 or 1784, I became acquainted with the 
practice of exciting popular odium against public men, by propagating 
slanderous reports similar, in spirit, to that which you have contradicted. 

1 See also Noah Webster, A Collection of Papers on Political, Literary and Moral 
Subjects (New York, 1 843), 316-32 1. Ed. 

2 For some time he wrote for the Connecticut Courant. He later, 1793, established 
in New York the American Minerva, subsequently the New York Commercial Adver- 
tiser. Ed. 

AM. HIST. REV., VOL. IX. 7. 

g8 Documents 

The most common slander was that " A B says the times will never be 
good, till the poor man is obliged to eat sheep's head and pluck ; or a sheep's 
head and 'pluck are good enough for poor people. ' ' In the year 1783, when 
the opposers of the commutation act of Congress combined to dismiss, 
from the council, the members who had conducted us through the revo- 
lution, and who sustained the measures of congress, this slanderous report 
was circulated against the Hon. Oliver Wolcott of Litchfield, afterward 
governor of Connecticut, the first governor of that name. The slander 
had such effect in diminishing his popularity in Litchfield county, that 
had not the members of that body been chosen by the voters of the whole 
state, he would have lost his election. Yet from an acquaintance with 
that gentleman, I can affirm, there was not a more firm whig or upright 
and patriotic republican in the state. 

The same or similar calumnies were circulated against other eminent 
statesmen, as against the Huntingtons in Norwich. Indeed I have fre- 
quently heard the same story told, with little variation for more than fifty 
years. It is revived, whenever an independent statesman, is to be driven 
from the public councils by a rival, or by popular jealousy. 

You see then that the slanderous story which you have contradicted, 
is only a new form of an old calumny, proceeding from the same spirit of 
jealousy, which is as common as it is ill-founded. 

That the poor should envy the rich, even when poverty is the effect 
of their own idleness and vices, is very natural ; as it is immoral and 
absurd. What would become of the poor without the rich ? How would 
they subsist, without employment, and how could they be employed, 
without the capital of the rich? 

Who but the wealthy can pay the public expenses ? Who can furnish 
the capital for canals, and railroads, and all other public improvements? 
The poor, without the aid of the wealthy, would perish or be doomed to 
the life of savages. The rich want the labor of the poor, and the poor 
must have the support of the rich. There is a mutual dependence, which 
ought to make the two classes friends to each other ; and any attempt to 
make the poor hate the rich is of all the low tricks of demagogues the 
meanest, and most detestable. 

The disposition to defame and libel political opponents is a rampant 
evil in the United States, and a proof of deep depravity. It appeared 
soon after the treaty of peace in 1783 had removed the dangers of the 
country ; but broke out in all its violence in the attempts to turn the tide 
of popular favor from Gen. Washington and his federal friends, in 1793 
and 1794. 

When the French commenced the reform of their government, the 
people of this country generally felt a deep interest in their success ; and 
it was hoped and believed that the French would establish a republican 
government, which many of our citizens have thought to be synonymous 
with a. free government — an opinion not always verified by facts. When 
the French Minister Genet arrived in the United States, for the purpose 
of engaging this country in the war in union with France, a majority of 

A Letter of Noah Webster to Daniel Webster 99 

our citizens, certainly a majority in some of the States, wished that his 
intentions might be realized. They were ready and urgent to have our 
government join with France in the war against tyrants. The policy of 
Gen. Washington resisted this disposition ; he foresaw the danger of such 
an alliance, which might involve this country in interminable evils ; he 
determined, if possible, to preserve peace ; and his popularity alone 
enabled him to effect his purpose. Nothing but his personal influence 
prevented the success of Genet ; but it was doubtful, for several months, 
whether Washington or Genet should determine the policy of the United 

At this time the antifederal party adhered to the policy of the 
French Minister ; and raised loud clamors against President Washington, 
who was denounced as a partisan of Great Britain, and his federal coun- 
cil and supporters were charged with an undue partiality for monarchy. 
Two newspapers, 1 one published in Philadelphia and the other in New 
York, took the lead in traducing Washington and his policy ; and never 
ceased till he left the administration. In the period, between 1793 and 
1797, I am persuaded the slanders and misrepresentations published in 
those papers would amount to the contents of a large octavo volume. 

The freedom of the press is a valuable privilege ; but the abuse of it, 
in this country, is a frightful evil. The licentiousness of the press is a 
deep stain upon the character of the country ; and in addition to the 
evil of calumniating good men, and giving a wrong direction to public 
measures, it corrupts the people by rendering them insensible to the 
value of truth and of reputation. Party spirit, indulged to excess has a 
similar effect, as bigotry in religion, and to blast the reputation of a 
political adversary, who stands in the way of success, is to do God ser- 
vice. What extreme virulence of partisan malevolence must that have 
been which could denounce, as traitors to their country, a Washington 
and a Jay, men of as pure integrity and patriotism, as ever trod the soil 
of America ! But see the proof. In August 1795 ; the following para- 
graph appeared in a gazette published in Richmond, Virginia, by one 

" Notice is hereby given, That in case the treaty entered into by that 

d d archtraitor J n J y, with the British tyrant, should 

be ratified, a petition will be presented to the next General Assembly of 
Virginia, their next session, praying that the said state may recede from 
the Union, and be left under the government and protection of One hun- 
dred thousand free and independent Virginians. 

P. S. As it is the wish of the people of the said State to enter into 
a treaty of amity, commerce and navigation with any other state or 
states of the present union, who are averse to returning again under the 
galling yoke of Great Britain : The printers of the (at present) United 
States, are requested to publish the above notification." 2 

1 Probably the Aurora and the New York Daily Gazette. Ed. 

2 See also Noah Webster, A Collection of Papers on Political, Literary a?id Moral 
Subjects (New York, 1843), 325. Ed. 

i oo Documents 

This denunciation was published before the writer knew that Presi- 
dent Washington had signed and completed the ratification of the treaty. 

But the treaty was ratified and went into operation ; and notwith- 
standing all the French partisans, or democratic party had opposed its 
ratification, in every way, except by the use of physical force, the treaty 
proved to be not only the means of preserving peace and amity, with 
Great Britain, but in a commercial view, it was found to be the best 
treaty we ever had with a foreign power. Its expiration at the end of 
ten years was extremely regretted. 1 

Now attend to the manner in which the same party treated the great 
and good Washington. 

On the 4"' day of March 1797, the day after the last term of Wash- 
ington's administration expired, the following paragraph appeared in the 
Aurora, the principal paper which had vilified 'that excellent man for 
several years. 

"Lord, now lettest thou thy servant depart in peace, for mine eyes 
have seen thy salvation," was the pious ejaculation of a man who beheld 
a flood of happiness rushing in upon mankind. If ever there was a time 
that would license the reiteration of the exclamation, that time has now 
arrived ; for the man who is the source of all the misfortunes of our 
country is this day reduced to a level with his fellow citizens, and is no 
longer possessed of power to multiply evils, upon the United States. If 
there was ever a period for rejoicing, this is the moment ; every heart, 
in unison with the freedom and happiness of the people, ought to beat 
high with exultation, that the name of Washington, from this day, ceases 
to give a currency to political iniquity and to legalize corruption. A 
new era is now opening upon us ; an era which promises much to the 
people ; for public measures must now stand upon their own merits, and 
nefarious projects can no longer be supported by a name. When a retro- 
spect is taken of the Washingtonian administration for eight years, it is 
a subject of the greatest astonishment, that a single individual should 
have cankered the principles of republicanism in an enlightened people, 
just emerged from the gulf of despotism, and should have carried his 
designs against the public liberty so far, as to have put in jeopardy its 
very existence. Such however are the facts, and with these staring us in 
the face, this day ought to be a jubilee in the United States." 2 

Is there any way, Sir, to restrain this spirit of slander, which is con- 
tinually pouring forth libels and defamatory reports against the most intel- 
ligent, upright and consistent republican citizen ? Must any man and 
every man, who boldly supports the constitution, according to its true 
principles, be subjected to insult, and degradation, from intriguers and 
violent party men ? Is there no reward but reproach and infamy, for the 
purest motives and noblest actions that ever adorn the character of men ? 
I have observed this spirit of calumny and misrepresentation for half a 
century ; I have examined the motives from which it springs, I have 
seen its effects ; and instead of deriving any hopes of reformation from 

'////'/., 179-224. Ed. 

2 Bache, at that time the editor of the Aurora, was the writer of this article. See 
my Spurious Letters attributed to Washington, 158, note. W. C. F. 

A Letter of Noah Webster to Daniel Webster 101 

the supposed increasing intelligence of the people, recent facts continu- 
ally occurring have confirmed my apprehensions that the evil admits of 
no effectual remedy. Some amendments of the constitution may perhaps 
abate the evil, by restraining the ambition of office-seekers ; but the evil 
seems to be inseparable from frequent popular elections. 

This practice of libeling political opponents, will often drive the best 
men from public stations, or prevent them from accepting offices; it will 
generate the most violent animosities between men who have a common 
interest in the public welfare, and a common attachment to republican 
forms of government ; it will sometimes degrade or render odious the 
good, and exalt the bad to popularity and to offices of honor, which they 
will dishonor by their vices or their weakness. Many of our public evils 
may be traced to deception practiced upon the people, by calumny and 
misrepresentations. A majority of our citizens have, in some cases, been 
wholly mistaken in the characters and designs of their favorite leaders, 
as well as in the true policy of their measures. Some of these mistakes 
will last during the present generation ; others may be dissipated by the 
public mischief which they produce. 

Of mistakes which pervade a large portion of the community, several 
instances may be mentioned ; but I shall specify one instance only, 
which is often a theme of declamation and abuse : this is a misapprehen- 
sion of the origin and design of the Hartford Convention. 1 I mention 
this, because I was personally concerned, in the origination of it, and 
am acquainted with every measure that preceded it, and with the men 
who were the authors of it. I am the more inclined to state the circum- 
stances of its origin, as they seem not to have been known to those who 
have written in vindication of the measure. 

The Hartford Convention in 1814 has been represented as having for 
its object a dissolution of the Union : and continued attempts have been 
made to vilify the men who composed the convention, and thus to de- 
stroy their political influence. I know the charge against the men con- 
cerned in the origin and prosecution of that convention, to be false. 

The facts respecting the origin of that convention are these. A 
number of Gentlemen in Northampton, in the county of Hampshire, tak- 
ing into consideration the distresses of the country, occasioned by the 
war, and embargo, judged it advisable to invite a meeting of some of the 
more influential men in the neighboring towns, for the purpose of con- 
versing on the subject, and adopting some measures to manifest the senti- 
ments of the people to the legislature at their approaching session. The 
result of this conference was, that one of the gentlemen addressed a let- 
ter dated January 5, 1814, to several gentlemen in the neighboring 
towns, requesting them to meet at Northampton on the 19"' of that month, 
" for the purpose of a free and dispassionate discussion touching our 
public concerns "; stating also that the legislature which was soon to 
meet, would probably be gratified to know the feelings and wishes of 
the people. That letter is now before me. 

1 Cf. Webster, A Collection of Papers, etc., 311-315. Ed. 

102 Documents 

In compliance with that request, several gentlemen met, and after a 
free conversation on the calamities of the country, they appointed a 
committee to prepare a circular address to the several towns in the three 
counties, Hampshire, Hampdon and Franklin, called the Old county of 
Hampshire. A printed copy of that address is now before me. The 
chief complaints urged in this address, against the measures of Congress, 
are the unconstitutionality of the embargo, the distresses resulting from 
the interruption of our commerce, and the inequality of the representa- 
tion of the commercial states in Congress. The following are the con- 
cluding paragraphs of that circular. 

" We forbear to enumerate all the measures of the federal govern- 
ment, which we consider a violation of the constitution and encroach- 
ments on the rights of the people, and which bear particularly hard upon 
the commercial people of the north. But we would invite our fellow 
citizens to consider, whether peace will remedy our public evils, without 
some amendments of the constitution, which shall secure to the Northern 
States, their due weight and influence in our national councils." 

"The Northern States acceded to the representation of slaves, as a 
matter of compromise, upon the express stipulation in the constitution, 
that they should be protected in the enjoyment of their commercial 
rights. These stipulations have been repeatedly violated, and it cannot 
be expected that the Northern States should be willing to bear their 
proportion of the burdens of the federal government, without enjoying 
the benefits stipulated." 

" If our fellow citizens should concur with us in opinion, we would 
suggest, whether it would not be expedient for the people in town meet- 
ings to address memorials to the General Court at their present session, 
petitioning that honorable body to propose a convention of all the Northern 
and Commercial States, by delegates to be appointed by their respective legis- 
latures, to consult upon measures in concert, for procuring such altera- 
tions in the federal constitution as will give to the Northern States a due 
proportion of representation, and secure them from the future exercise of 
powers injurious to their commercial interests ; or if the general court 
shall see fit, that they would pursue such other course, as they in their 
wisdom shall deem best calculated to effect the objects. The measure is 
of such magnitude that we apprehend a concert of states will be useful, 
and even necessary to procure the amendments proposed ; and should the 
people of the several towns concur in this opinion, it would be expedient 
to act on the subject without delay." 

At the time of this meeting I was not a member of the legislature : 
but 1 was chosen in the April following. 

In compliance with the proposal in this circular, several town meet- 
ings were held. In Northampton, a town meeting was held on the 25th 
of January, in which it was voted to address a memorial to the legislature 
then in session, on the subject of the public evils. In this memorial, the 
town prayed the legislature to take measures to obtain amendments to 
the constitution, either by a convention of delegates from the Northern and 
commercial States, or in such other way as should be judged suitable. 

At ;i town meeting in Hatfield, held on the 28th of January, a mem- 
orial of a like tenor was addressed to the General Court, and this con- 

A Letter of Noah Webster to Daniel Webster 103 

tained a like request for a meeting of delegates from the Northern States 
for the same purposes. 

A town meeting was held in Deerfield on the 10th of January, which 
voted a memorial to the General Court, in which the inhabitants peti- 
tioned that body to take energetic measures for a redress of grievenances. 

A town meeting was held in Amherst on the third of January, and 
resolutions were passed, enumerating the distresses of the country, and 
directing the representatives of the town in the General Court, to take 
the most vigorous measures to put an end to a hopeless war. 

These applications were made to the legislature then in session, but 
as negotiations were then on foot for concluding a treaty of peace with 
Great Britain, it was judged advisable to postpone any action on them 
during that Session. 

But the negotiation was protracted during the following summer ; 
the affairs of the country grew worse ; our shipping was dismantled and 
perishing in our harbors ; the public treasury was exhausted ; the banks 
south and west of New England had suspended specie payments ; the 
coast of Connecticut was blockaded by British ships; a part of Maine 
was in possession of a British force ; and the whole coast of New England 
was left without any adequate defense. Canada had been invaded and 
abandoned ; battles had been fought on land without any advantage to 
the cause ; and excepting the triumphant victories of our frigates, nothing 
but loss and calamity attended a prosecution of the war. 

These circumstances induced Governor Strong to summon a special 
Session of the General Court in October 18 14. At this session, the 
convention was proposed. I was present when the proposal was made, 
and when it was debated in the House of Representatives. 1 believed 
then as I still believe that the measure was justified by the exigencies of 
that crisis, and that it had a beneficial effect. The spirit displayed on 
that occasion must have had a beneficial effect in checking the audacious 
tyranny which subjected us to the most wanton violations of the consti- 
tution in prosecuting an unnecessary and fruitless war — a war that cost 
the United States a hundred millions of dollars and thirty thousand lives, 
without gaining one object for which it was undertaken. I then con- 
sidered, and I still consider a combination of the commercial States to 
recover their rights, and restore the business of the country to its usual 
channels, as important and as legitimate, as the Union of the Colonies in 
1774 to resist the oppressive measures of Great Britain. 

The proceedings and result of the Convention are before the public. 
They were such as to do honor to the members of that patriotic body, 
and would do honor to the ablest council ever assembled in America. 
The treaty of peace which soon followed superceded further proceedings. 

It will be observed that the first proposals for a convention proceeded 
from the people in their primary assemblies. Not one person in Boston 
had any concern in those proposals. That the members of the conven- 
tion, or any of the persons who suggested the resort to a convention, had 
any views unfriendly to the Union of the States, is a gross calumny, 

1 04 Documents 

originating in mere surmise and party jealousy. I heard all that was said 
at the meeting in Northampton, and at the meeting when the convention 
was proposed in Boston, and in the debates on the resolution in the 
House of Representatives ; and can affirm that the charges against the 
convention and those who proposed it, of designs against the constitu- 
tion, are utterly false and groundless. The object of the people and the 
measures of the convention were, in my view, as lawful, as constitutional 
and as honorable, as any that ever characterized the councils of any public 
body in this country. I knew all the gentlemen who first met to consult 
on the subject ; I knew most of the members of the convention, and with 
many of them, I had been intimately acquainted for twenty or thirty 
years ; I have been acquainted with many members of every Congress for 
more than fifty years, and I can affirm with confidence that no body of 
men, of the like number, ever convened in this country, have combined 
more talents, purer integrity, sounder patriotism and republican principles, 
or more firm attachment to the constitution of the United States, than 
the gentlemen who composed the Convention. 

The history of this convention, Sir, presents full proof that party 
spirit may impose misrepresentations, upon a whole people, and mislead a 
great portion of them into opinions directly contrary to facts. Other 
instances may be mentioned, which have been equally injurious to the 
reputation of our best citizens, and even more pernicious to the public 
welfare. But let this example suffice. 

Accept, Sir, the assurances of the high esteem and respect of 
Your Obed' Servt 

N Webster. 

[Endorsement :~\ Letter to Daniel Webster Sept. 6. 1834 
1 sent this Letter to M r Webster, without taking a copy — I after- 
ward requested him to return it — which he did after taking a copy for 

N Webster. 

j. A Journey from New York to San brancisco in 1850. 

The following document is a portion of a diary of David Knapp 
Pangborn, which was kindly furnished to the Review by his grand- 
daughter, Mrs. Winthrop Girling of Chicago, Illinois, in whose 
possession the original diary now is. The portions of the diary re- 
counting the experiences of the writer after his arrival in San Fran- 
cisco are not given here, inasmuch as they refer almost exclusively 
to personal matters without much historical interest. 
June /, 1830. New York. 

Left our Dock at 3 p. m. precisely amid the cheers and greetings of 
thousands which crowded every possible standing place on the pier with 
one thick mass of human beings. 

A Journey from Nezv York to San Francisco 105 

June J. At sea. 

For the first time since I left N. Y. I have attempted with success to 
eat a little and keep it down. . . . At 4 P. M. on Sunday had a Prayer 
meeting on the main Deck got up by 3 Cali Missionaries (Baptists) going 
out. Two of them have wives on Board, one is single and a single Lady 
is also going as a Teacher. . . . My tea and sea biscuit begin to relish 
and the confinement of the Cabin to be irksome. 

June 7. 

Too Hot to sleep. Thermometer 85 in shade. Came up on deck. 
. . . We are now fairly in the Carribean Sea. Verry hot indeed scan e a 
breath of air and our overcrowded Ship is almost breathless. If we find 
it warm on the Istmas we shall at least have more room. 
Sunday, June 9. 

Land. Coasted along the shore for several hours till we finally cast 
anchor of Chagres at 10 a. m. At 3 P. M. got safe to Shore in small 
row Boats. 

June 10. 

Hired a Canoe with 2 others beside W m and the Doctor and started 
at 1 P. M. Began immediately to Rain and we put back. Our Boatman 
deserted and left us alone in the rain which was Rain Pouring for an 
hour and a half. Got our Baggage all wet and at 8, we verry gladly 
crossed over by the vivid flashes of Lightning to the American side of 
the River and took shelter in a Hotel under the imposing name of the 
Irving House. Paid a $1.25 cash for Supper and Lodging. Supper 
Cider and Biscuit. Lodging a Cot and Blanket stowed in the unfur- 
nished chamber as thick as they could be stowed. Soon fell asleep not- 
withstanding the heat and rested. 

June 11. 

8 A. M. Got a cup of coffee without milk at a Negros Stand which 
wich a soda Biscuit made my Breakfast. With much ado got our Negro 
Boatmen and Baggage once more on Board and started. River rising 
— Banks low and swampy. Made 10 miles by hard labor and stoped 
for Dinner. Got more black rily Coffee and eat sea Bread. At 3 suc- 
ceeded in getting our Darkies once more into the Boat and started. 
Made 10 miles more and landed at 8 P. M. Verry dark. Found an 
" Amerecano " with a tent who for the consideration of 50 cts each suf- 
fered us to sleep on the ground under his Tent. Supper Coffee and 

June 12. 

Started early after getting some Coffee and worked up a few miles. 
Current getting verry strong and River rising. Stoped at 10 A. M. at a 
tent and for 2 hours another Rain Pouring. Never saw anything com- 
pare with it. After a delay of some hours a great deal of scolding and 
working succeeded in getting our Negros off by the promise of $5.00 
extra pay. Started at 3 P. M. and made a few miles. Stopped at 5 at a 

1 06 Documents 

Native Ranch. Got into a Hen House and opened our trunks. Found 
to our dismay that almost every thing we had was wet. Wrung out our 
wet things as well as we could and hung them up till Morning. Went 
to a neighboring House and bought a little Coffee. Got some boiled 
Rice and made a Supper. Spread our Coats on some dry Hydes in the 
loft of the Hen House and slept well. 

June 14. 

More Coffee and Rice. Paid 4 Dimes each for the use of the Hen 
House and after an other long long spell of Coaxing succeeded at 1 1 
A. M. in getting off. River rose during the night 10 or 12 feet and 
before we started had fallen again for about 5 or 6 of it. Current verry 
strong and navigation verry difficult. Could make with all our exertion 
only about one mile an hour. At 4 P. M. reached San Pablo, a Ranche 
on the right Bank of the River on a high Bluff and looking more like 
life than any thing we had seen. The Ranche is owned by a Spaniard 
who is almost as great a proficient at speaking as " Los Americanos " 
themselves. Wanted to charge us 6 Dimes apiece for Sleeping on the 
mud floor of his Hovel. Left him and went back some 30 Rods and 
made a tent of our Blankets boiled some rice bought a little coffee at a 
dime a cup and camped down. All soon forgot in sleep the toils of the 
day but myself. I got up and with the long Knife of our Boat Man in 
hand kept gaurd over [?] our little camp . . . and after a few hours of 
reflection and meditation at about 12 I lay down on my Blanket and got 
an hour or two of unquiet slumber. 

June 15. 

Got some more Coffee and sea Bread eat some cold rice and started. 
Toiled on till 3 P. M. with only a short rest at a Negro hut and reached 
" Gorgona. " Got Supper at a " Hotel " with a large Name but slim 
accomodations and went down to the Boat. Opened all our trunks and 
Bags and spread every thing out in the hot Sun on the gravel Beach which 
was covered for nearly a Mile by Men all laboreing like us to get dry cloth- 
ing. Found some of our things quite spoiled and others nearly so by 
the moisture and Heat. In fact every thing you touch seems wet and once 
wet nothing drys but mould ensues immediately. By close application 
got our things in tolerable order and repacked by sunset. Dare not trust 
our negroes with the Boat tonight. Some done so last night and found 
themselves deserted after paying as we had done fare all the way through 
and this morning at San Pablo paid $10.00 each to get through, as much 
as we paid for the whole distance from Chagres to Cruces. Two of our 
party slept in the Boat, and two, the Doctor and myself at the "Rail 
Road Hotel " paying 75 cts for Supper and 50 for Lodging. 

June 16. 

All still well and at an early hour were under way. River almost 
impassable. Saw last night the Rapid Current of the River filled with 
Boxes and trunks of a capsized Boat which were mostly picked up in the 
Eddy opposite Gorgona. It proved to be the Goods of a German from 

A Journey from New York to San Francisco 107 

Utica N. Y. The owner was drowned. After an hour or two we came 
up to the place where the unfortunate German lost his life. A verry 
rapid place and the Boatmen loosing control of the Boat it was dashed 
against a snag or sunken tree and capsized. Several other fellows are 
said to have been drowned dureing the last few days. We saw 2 or 3 
Floating Bodies in the River but did not learn who they were. Worked 
our way up till the last Mile. AVe were repeatedly obliged to get out on 
the gravelly bars of the River and walk past the rapid places while the 
Boatmen waded in the water and shoved the Boat and Baggage up. 
Arrived at Cruces at 2 P. M. all safe. Had another time drying our 
clothes and deposited them in a transportation office. 

Sabbath, June 16. 

Lounged out the day in a large tent belonging to an american. Went 
up to see the ruins of the old Church and made our arrangement for a 
start in the morning for Panama. 

June 18. 

Got a cup of coffee and started on foot. Found the Road not as muddy 
as we had been led to expect but all the descriptions of tourists had failed 
to give up the first faint idea of it as it is except the general one that it 
was difficult. It has once been a paved mule road cut through the 
Mountains at great expense but with the ancient Glory of Panama is in 
complete ruins. A small patch here and there just serves to show the 
fact of its previous existance. The old paving stones and other boulders 
lie in complete confusion over the whole surface of a large part of the 
Road, interspersed with occasional patches of deep mud. When it is 
stones the unlucky wayfarer must jump and when it is mud he must wade, 
for there is no dodging either, it being impossible to get out of the Road 
let what will be in it in the way of difficulty. A large part of the dis- 
tance is made up of cuts in the Road of various depths from a few feet up 
to twenty or more about 10 feet wide at the top and in many places 
not 2 wide at the Bottom and some not even so wide filled at the bottom 
with the aforesaid stones and mud interspersed with here and there a 
dead Mule by way of variety, now suppose it to be up and down 
at every possible grade and crooked at every possible radius of curvature, 
fill it well up with pack mules and naked Negro Muleteers each with a 
long knife in his belt and perhaps with a trunk weighing 100 lbs or more 
on his shoulders and cover the whole with an impenetrable mop of 
foliage in Tropical Luxuriance and fill the air there with the constant 
screaming of parrots and you have the Cruces Road as we saw it. We 
leaped from stone to stone and waded in mud forded brawling brooks 
held our noses and crawled over dead mules most perseveringly from 
7 till 2 when we came in sight of the far famed " Half Way House " a 
miserable tent pitched on the bank of a Brook completely covered with 
the Mould which covers all cloth coverings here in the wet season. No 
seat to sit on. Cot Beds from 75 cts to 100 each. Meals 100 and no 
refreshment of any sort to be had in any other form or at any other 

10S Documents 

price. It was " Hobsons choice " that or nothing. 2 of my Comrades 
refused to be [illegible] and went on, myself and [illegible] thought 
best to submit and stay washed the mud as well as we could from our 
Boots dried them, rested ourselves got some supper and in the morning 
went on. 

June ig. Panama. 

Arrived quite worn out at 12 M. having got a cup of coffee after a 
walk of 4 miles this morning. Whole distance from Cruces 22 Miles, 11 
yesterday and 1 1 today. This end of the Road much the best, being 
dryer and more open the air had a better chance for circulation. Found 
the Doctor after an hour or two and took lodgings without the City 
Walls right on the Shore of the Bay in the third story of an old building 
said to be 100 years old. I never understood before why the upper-part 
of a House was the place of honor in old times in the East. I would not 
live below here on any account, but away up in our Attic we are cool 
and clean when they are suffering with heat and all sorts of offensive 
smells below. Have got us some Hammocks slung for sleeping and get 
sometimes a meal at the Restaraunts and sometimes cook a little our- 
selves. Pay a Dime pr day for Room Rent and Lounge away our time 
as we can. The Northern is not yet heard from and don't know when 
she will be. 

Sunday, June 23. 

Saw Hager and Bennett and White ... all familiar faces. Hager 
and Bennett say the boat we should have taken is already gone. 

At 11 A. M. a sermon preached in the Tent of a Circus Company 
here from N. Y. by a traveling clergyman a verry small pattern of a man 
but nevertheless the voice of prayer and Praise, instead of Blasphemy 
and impiety is refreshing . . . however poorly it may be done. Gam- 
bling and swearing is the order of the day here on every hand. Recov- 
ering slowly from the fatigue of my Journey. 

June 24. 

White and one or two others left to day paying $50. difference be- 
tween their Tickets and others after waiting here 8 weeks. Am no wise 
sorry they are gone. Society here can be made no worse by their ab- 
sence and may be made better. 

June 25. 

Steamer Oregon arrived from San Francisco. Brought news of the 
Sarah Sands which has been due here for 6 or 8 weeks. She will not be 
here for 10 days or a fortnight yet. Some of her passengers have died. 
Many well have been sick, some have gone home discouraged and many 
more have procured other tickets and gone on. I think that 8 weeks in 
this climate will "decimate" a lot of passengers. 2 American funerals 
to day, one Man and one woman a Mrs Hardy. She has left a Husband 
here and a young child. It would have been mercifull to his family had 
he thrown them into the sea at New York instead of bringing them here 

A Journey from New York to San Francisco 109 

to die by inches in this climate and among strangers destitute as all must 
be whether sick or well of the commonest comforts of life. It is no 
place for women and children. If men please to come let them. 

June 26. 

British Steamer arrived from Valparaiso this morning, bringing no 
news of our boat. 

June 2j. 

Rose early this morning and went into the Mountains back of the 
City. . . . had some fine views of the country about and returned at 1 2 
M. by the way of the Burrying Ground. Saw the place where a good 
many disappointed Californians have taken up their last sleep, a wild 
neglected place outside the Catholic yard in the Bushes and trees. ... I 
looked at the desolate looking place and thought of the chances I stood 
of taking my place among these with now no very comfortable feeling. 
But the will of God be done. I left home not for my own good but for 
the benefit of those at home. This end may be subserved perhaps as 
well by my dying here as by going on. Every day however we hold a 
council and talk over every expedient of escape from here and invariably 
end right where we began. There seems no way of escape for us with- 
out more funds than we have to spare so we must resign our lives and 
wait, as patiently as possible. 

Almost every night is a Fandango at a Negro Gambling House near 
by kept up no body knows how long. The dull monotony of the African 
Drum is only relieved at intervals of the dance by the drunken yells and 
screams of Darkies and Dinahs in the exuberance of their joy and at all 
times by night and by Day we have all sorts of noises of our own among 
ourselves. Card Playing, singing either Negro Melodies or Methodist 
Hymns as the case chances to be, and all mixed in complete confusion 
with the most foul and foolish Blasphemy from lips that might be ex- 
pected to use decent language. 

I am constantly seeing things here to remind one of Eastern scenery 
and eastern cities. Not only is the Palm Tree that significant symbol of 
eastern vegetation abundant, but much in the habits of the people and in 
the city itself is also like the East. The streets of Panama are narrow and 
all are paved. The Main Street is about 30 feet wide and remainder 
perhaps 20 feet. A narrow sidewalk is flagged on each side in a rude 
manner and the paving is made with a slight decent to the middle of the 
street. The Houses are all made with galleries in the second and third 
stories projecting over the sidewalk from 3 to 6 feet and the roof has 
the same projection so that the sun is nearly shut out from the streets. 
The most of the Buildings are of stone and verry old, some few are be- 
ing repaired, but a new House of any kind is not known. Many are 
falling to ruins. 

It is a very common thing to see Buildings gone completely to decay, 
Churches and private Houses unroofed and fallen in, some with all the 
side walls still standing, some with only one side up, and the rest all 

i io Documents 

down. I think in its best days this city never had any aqueducts or any 
decent water. It is now supplied by water brought some distance on 
the backs of Mules and costs about 5 cts per gall and is the poorest 
water I have seen even here on the Isthmus. The principle well would 
not be offered as a respectable watering place for animals at home. The 
roofs are all covered with Tiles and the Floors of stone Houses are made 
of the same material only differing in form, but the houses so far as I 
can learn are all infested with insects and reptiles, many of them vene- 
mous. Scorpions a large kind of spider looking thing with a tail about 2 
inches long is quite poisonous and a small Lizard shaped animal said also 
to be poisonous is verry common. We see them every day crawling 
all over the walls and timbers above though they seem shy and run from 
us. The Bread of Panama is the most like Human food of any thing 
that is here, it is pretty good made of Chilian or Peruvian Flour and 
is only about double, or a little more than double the price in N. York. 
Beef miserable 10 cts per pound, pork not quite so bad 20 cts at the 
market, Fish dear, for no reason that I can learn except they are too lazy 
to take them. Many of them are verry good. Sugar about double the 
price in the States and poor. This is the only place I ever saw where 
no attempts whatever are made at cultivation. I have not seen in the 
whole country any thing worthy of the name of Cultivation, every thing 
is brought from somewhere else even Bananas and the spontaneous pro- 
ductions of the earth are brought here in boats from along the coast to-' 
ward Peru and many if not all the few eadible vegetables used here come 
from Peru, Flour, Potatoes, Apples, etc. etc. Potatoes are 10 cts per 
pound and other things in proportion. A large portion of the meat 
used is salt ham brought I should think from the States and sells for 4 
dimes (50 cts) per pound. 

June 2g. 

This morning while getting our coffee ready heard that a man 
had been stabbed during the night near by. Proved to be a Gambler 
and supposed to be killed by a Brother Black Leg for his money. He 
had been lucky for a number of days and was known to have several hun- 
dred Dollars. His money Belt was found by his side ripped open and 
Robbed. He was a white man but not an American. Only the day be- 
fore in a Gambling brawl had stabed and badly wounded another man. 
No notice is taken of the affair here by the Authorities if indeed there are 
any Authorities here, of which I see no indication except the presence of 
some forty or fifty Negro Soldiers barefoot and dirty and taken together 
the most inefficient looking Negros I have seen here. A perfect carica- 
ture of the name of Soldier. Nobody minds any thing about them and 
nobody so far as I have been able to learn ever dreams of appealing to 
the city government for justice in any case whatever. 

Sul'ImlJi, June jo. 

Attended Protestant service. Preaching by the same stranger that 
preached last Sabbath ... to a large congregation. 

A Journey from New York to San Francisco i i i 

July 4. 

In Panama still and no prospect of relief. Great preparations are 
made up in the city for a celebration of the day. The Governor has 
offered the use of His House and has ordered it would seem an extra 
guard from somewhere for the occasion. A steamer is in the port under 
our window dressed in all the colors of the Rain Bow ready to carry those 
who have more Dimes and Patriotism than Brains to somewhere in the 
hot sun. I have to stay at home and save my breath to Hurra for the 
Northern should I be so happy as ever to see Her come. She is now 86 
days out. 

A chapter on Steamboats. 

4 J"b', 1850. 

I have learned what I can of the steamer business since I have been 
here and found it on the whole the most stupendous fraud of the age. 
Tickets are issued and sold by thousands in N. Y. and the Identical 
Money paid for them by the deluded Purchasers is Taken and Boats pur- 
chased with it and sent round the Horn while the robbed passengers have 
purchased instead of a " Through Ticket " a certificate of certain deten- 
tion here. Many got sick, some die and many are discouraged after weeks 
and months of delay and broken in fortune or constitution or both goes 
back discouraged entirely. I. Howard and Son and Roberts Lines have 
neither of them any certain means of forwarding from here one fifth part 
of the passengers they catch in their " Man Trap." 

Roberts and Co [?] have 2 Boats here but only one of them has yet 
made more than one trip up while they are sending on passengers for the 
3d trip that must stay here till Sept if not Oct. 

Howards Line have got no Boat running with any sort of regularity 
on this side. They have been selling through Tickets since last Feby 
and have only the Sarah Sands here which went up on her first Trip ! ! 
actually only Her first Trip. She left here the 9" of Apl for San Fran- 
cisco and has not yet returned and this is the only load of passengers 
Howard and Son have ever sent up. She was heard from a few days ago 
near Monterey going up. The Passengers had got tired of waiting for 
Her and landing walked up the Coast 150 miles and Sent Back a lighter 
load of Coal to the poor Boat to help Her up. In the mean time the 
passengers for Her second trip are here waiting for Her 8 or 9 weeks 
unless by great Sacrifices they have got on some other way. The pas- 
sengers for the New Orleans Have I think mostly got wearied out and dis- 
posed of their Tickets in some way and dispersed. The " West Point ' ' is 
thought to be lost and the " Northern " which was to have been here 
without doubt in 70 days is now out 86 and not heard from. People get 
Here and have paid their money in New York unsuspectingly thinking 
they shall go on and find when they get Here that their further progress 
is " Indefinitely Postponed " or they are subjected to the tender mercy 
of a " Ticket Gambler " Instead of whom commend me to an Algerian 
slave dealer. 

1 1 2 Documents 

Many an unlucky wight has paid them more money as a bonus on 
a Ticket than the original cost of the Ticket in New York. They cry 
down [?] the owners of the non appearing Boats and buy up the Tickets 
of the wearied passengers and send them back home or up on Sailing 
Vessels and then when the Boat comes sell the Tickets at double and 
more than double prices and the very agents of the lines themselves are 
shamefully engaged in thus plucking their poor Emigrants. 
Saturday, July IJ, /8jO. 

West Point arrived round the Horn yesterday and the Columbus this 
morning from California but no "Northern" yet for us. More [?] 
American funerals yesterday and no escape open for us. "Though He 
slay me yet will I trust in Him." It is my Father. Let Him do what 
Seemeth Him good. Prayer Meeting last night and Prayer precious to me. 
It is an affecting and pleasant sight to see Strong Men with nerve to do 
and suffer what we are doing suffering and engaged as all here must be 
and expect to continue to be engaged in a struggle not only with diffi- 
culties but in a contest stern and strong with the selfishness of men. To 
see such men in the childlike Simplicity of true Christian feeling melted 
to tears under the influence of the spoken [?] truth, Christian truth and 
prayer. But so it is and when we meet each other after those interviews 
it is with a more cordial feeling of recognition and a far kindlier shake 
of the hand. 
Thursday, July 18. 

The "Northern" arrived on Tuesday last. The "Republic" has 
also come from round the Horn and the Sarah Sands from California so 
that there are many happy faces in Panama and a great majority of the 
Emigrants will be gone from here in the course of the next ten days 
probably to be succeeded by fresh arrivals from home. There seems 
no end to the Hordes that are coming. I have not had an hour of 
ill health since I came on the Isthmus five weeks since. William has 
been ill for two weeks and the Doctor longer and seems to have lost all 
his self possession and energy. Hope to get away from here next Tuesday. 
Sunday, July 21 . 

Still here in Panama and cannot foresee when we are to get off but 
hope to this week. Service this morning at 10 A. M. at the Home of 
the French Consul. The Americans here have petitioned the Governor 
for the use of one of the vacant churches for Protestant services. There 
are 15 or 16 churches and convent chapels in the City and not half of 
them ever used at all. Our last Friday night Prayer Meeting was broken 
up by the changes occuring here daily, some who had sustained it were 
gone while their places were filled by Men of another spirit and also by 
sickness in the Town. They must now be reckoned among our past op- 
portutunities \sic\ for which we must account at the day of Judgment. 
Thursday, July 25. 

We expect to go on board tomorrow morning. We expect to be 
crowded badly and have poor accomodations. But we are glad to get 

• A Journey from New York to San Francisco 113 

on at any rate for we are tired enough of Panama. Hope I have bought 
the last Picayune worth of rice of the old Negro woman at the corner 
and shall have to kindle but few more fires here to cook it and eat but 
few more meals here on the Top of my trunk. But I will not rejoice to 
much. I expect the fare on the Boat will make me regret even Panama. 

Friday, July 26. 

At 3 went on Board the Little Steamer Taboga for the Northern and 
ran down to the Island of Taboga. Reached there 10 miles and came 
on Board at 4! P. M. Ship all in confusion. 

Saturday, July 2J. 

The balance of our Passengers came down from Panama to day at 3 
P. M. and at 6 we weighed our Anchor and stood out to sea. Ship crowded 
to excess between 400 and 500 Hundred Passengers and over 100 of the 
Crew making in all over 600 Souls on Board. In my cot tonight I re- 
viewed once more with gratefull heart the goodness of God to me while 
on the Isthmus for 7 weeks in an unhealthy climate surrounded by the 
sick and yet not one sick hour. 

Sunday, July 28. 

Evening. Sea Sick. Oh ! Oh ! 
29 Mondy. Do Do 

Tuesday, July jo. 

Not a breath of air and our crowded Ship is insufferably hot. 
Saturday , August 3. 

Morning. Land again in sight on the Starbord Bow. At 11 A. M. 
altered our course and stood in for Land and coasted up looking for the 
entrance of the Bay of Accapulco but did not make it till 8 P. M. It 
was now dark and we knew that the officers of the Boat were none of 
them acquainted with the Place. We had therefore to make a strange 
Harbor in the dark without any Pilot. Great anxiety was felt and all 
hands were on Deck watching the course of the Ship as she stood into the 
entrance between Two Headlands that rendered by their deep Shadows 
the passage blind and dark enough. Even " Venus " was in a cloud as 
we went in, but went safely up however though verry nigh the Breakers 
once and quite out of the regular channel and at 9 P. M. Dropt our 
Anchor before the City and all hearts were lightened of a load. Just as 
we made the entrance of the Harbor at 8 P. M. one of our number died 
a Mr Smith from Western N. Y. and as we turned in at 10 or n we 
heard that the " Cholera " was on Shore and that the Small Pox was on 
Board — rather poor things to set one to sleep. 

Sunday, August 4. 

What little disposition I had to sleep was defeated for the most part 
last night by the incoherent ravings of a young man near me who had a 
fever. After Breakfast all went on shore to give the crew a chance to 
Cleanse the Ship. Carpenter made a rough coffin for the dead man and 
at 10 He was carried a shore and Buried by the American curate. 

AM. HIST. REV., VOL. IX. — 8. 

i 14 Documents 

Accapulco is a much cleaner and pleasanter Place than Panama. 
Went this morning about 3± of a mile out of the City Back to bathe in a 
Beautiful stream of fresh water coming right down from the High 
Mountains in the rear. Walked in the groves and Gardens a while and 
returned to Town and got Dinner. 

Then went up on an elevated Plateau overlooking the Bay under a 
grove of Mango Trees to while away the time till night. The City is on 
our right a strong Mexican Fort is on the Point at our left and the Bay 
and Shipping right before us. The Northern being right in the Center 
of the Picture, covered with Her crew and all the " Hombres " that they 
can hire Taking in Coal and water, Cattle, Sheep and Pigs. At 4J2 took 
a long ramble up past the City and all around the Beach till we came to 
where our further progress was Bared by the shutting [?] down of the 
Hills so near as to close the Road. The City Lies embosomed among 
Volcanic Mountains Wild and Rugged as possible. In the rear is a 
natural [?] plain of a Mile or so before you strike the Base of the 
Mountains in one direction but in another the Houses of the City extend 
for some distance up the sides of the Hill. The Houses are all one story 
High and even the Church is very low being evidently made for a Vol- 
canic Country. 

Monday, August j. 

At Half past five heard the welcome sound of the parting Gun fired 
and we left our Anchorage with three cheers answered from the crowded 
decks of the Steamer Republic along side and from some other vessels 
and stood out of the Bay. Two more of our Sick had died while we 
were on shore on Sunday and were carried on shore privately and buried 
in the evening One the sick man who had disturbed us on Saturday night 
and the other a Ships Boy. Our Ship had been however well cleaned 
on Sunday and we hope the most of our sickness is over but we are 
in the Hands of God. In His hands our Breath is whose are all our 
ways. . 

As we left our anchorage in the Bay of Accapulco a storm of thunder 
and Rain Burst on us from the high mountains back of the City and we 
put to sea in the midst of the severest storm of wind and rain we have 
seen for many days. But our Boat is a good one and we have confidence 
in the good Providence of God. I slept well and rose Tuesday morning 
at Sea and in good health. The coast of Mexico in sight Mountainous 
in the extreme. Course still "West North West." Heard that while 
lying in the Harbor it was Stated by the passengers of the " Republic " 
that one of their Passengers on the way down from Panama being 
out of His head with Fever came on Deck unobserved by any one 
and before the watch on Deck observed what he was doing leaped over- 
board just before the wheel and of course was seen no more. I did 
not learn who He was but the Ship held on her way. William has 
been sick again and took an emetic on Saturday morning. Is better 
again now. 

A Journey from New York to San Francisco 1 1 5 

Wednesday, August J. 

By the goodness of God still well myself. One of my acquaintances 
from Burlington, a Mr Pine [?] removed to the Hospital (on the after 
Deck near my Berth) sick with Small Pox. 

Thursday, August 8. 

Heard from young Pine. His case proves confluent Small Pox. 
But inasmuch as a sail cloth curtain seperates the Hospital from the cots 
of the Passengers we hope it will not spread so as to get us into quaran- 
tine at San Francisco. 

Saturday, August jo. 

Had our quarters moved to day into a less favorable spot. Caught a 
severe cold in my new quarters last Night and a Fray occured between a 
Mr Dearborn and the first Mate about the Berths. 

August 12. 

Cold severe. Put on all the clothing I ever put on in winter and yet 
uncomfortable. My cold no better. 

August ij. 

Daylight off the entrance to the Bay of San Francisco. 

4 P. M. Droped our anchor at 8 A. M. Health officer came on 
Board and we had but one sick man on our list. The rest had all re- 
covered or nearly so. We were permitted to land and after a long tire- 
some and dinnerless day of scrambling pulling and hauling succeeded in 
getting all safe on shore and am at the Hotel [?] waiting for supper with 
a good appetite. 


The History of 1 lie World. A Survey of Man s Record. Edited by 
Dr. H. F. Helmolt, with an Introductory Essay by the Right 
Hon. James Bryce, D.C.L., LL.D., F.R.S. In eight volumes. 
Vols. L, IV., and VII. (New York : Dodd, Mead, and Company. 
1902. Pp. lx, 628 ; xii, 590; ix, 573.) 

The plan of this new universal history marks a wide departure from 
the time-honored model of the familiar Weltgeschichte. In its scheme 
geography and ethnography, so far as possible, are the determining 
factors in the arrangement of the material so as to give proper recogni- 
tion to the influence of physical environment in shaping human progress. 
In its apportionment of space to different peoples it is equally eman- 
cipated from the trammels of tradition. The advantages of the plan 
appear at their best in Volumes IV. and VII., devoted respectively to 
the "Mediterranean Countries" and to "Western Europe"; and its 
defects stand out most sharply in A^olume I., which is devoted to 
America, and in which the Pacific Ocean is assumed as the central geo- 
graphic factor. Dr. Helmolt's reasons for this as given in the preface 
appear to me to be trivial. It would be impossible to select for the 
starting-point of a universal history a geographical center that is so far 
from the beginning, and whose history presupposes for its proper under- 
standing so much that has gone before as is the case with America. The 
objections to this arrangement of the material that occur to one are far 
from quieted by Dr. Helmolt's introductory essay, which is overloaded 
with aphorisms and generalizations from various authors, and is distinctly 
lacking in close and lucid argumentation. The question, however, is 
not vital to the merits of the work as a whole, for no one is obliged to 
read the first volume first. 

The contents of the opening volume, waiving the question whether 
they all belong there, are excellent. The second chapter, by Professor 
Kohler of Berlin, is a general survey of the development of social, polit- 
ical, and religious institutions. It invites comparison with the introduc- 
tion which Mr. Bryce has written for the English edition. The two are 
in some respects counterparts of each other, the one dealing with the 
internal, the other with the more external aspects of human progress, and 
both reflecting not only the intellectual characteristics of their authors, 
but in some measure also those of the German and the English mind. 
Next comes a compendious statement by Professor Ratzel of the principles 
of anthropogeography, the presentation of which in English is to be wel- 


H. F. Helmolt : The History of the World 1 1 7 

corned. Equally welcome is Professor Johannes Ranke's sketch of pre- 
historic culture, a masterly review of the present state of knowledge of 
the subject. 

Nearly 400 pages of the 600 in this volume are devoted to Karl 
Haebler'.s "America." Of these 400 pages 166 are taken up with 
aboriginal culture and history — not too much, surely, for the Ameri- 
canist; but when in Volume IV. one finds only 46 pages allotted to the 
history of Greece to the death of Alexander, and 135 pages to the history 
of Rome, he has misgivings as to the editor's real grasp of the problem 
and significance of human history and of the relative importance of its 
contributing elements. Of this part of Ur. Haebler's work I cannot 
speak with competence, but his great familiarity with the recent critical 
literature of the discoveries renders his account of that period of American 
history a most convenient summary of present-day accepted fact and 
approved conjecture. Much higher value attaches to his survey of the 
Spanish colonial empire, with its discussion of the Casa de Contratacion, 
the native question, the missions, trade policy, and negro slavery. On 
all these subjects Dr. Haebler writes from the vantage-ground of his 
researches in the economic history of Spain ; and the section as a whole 
is far and away the best brief account of the Spanish colonial system 
accessible at present to the English reader. His account, too, of Spanish- 
American history is a serviceable addition to the not over-abundant 
scholarly treatments of the subject in English. 

The fourth volume, as I have said before, exhibits in a favorable light 
the arrangement of the material on geographical lines ; and the various 
contributions are excellent. Professor Rudolf von Scala of Innsbruck 
makes brilliant use of the limited space allotted to him for Greece. Dr. 
Jung has more elbow-room for his presentation of Roman history, and 
yet the mass of fact is too great for him to escape altogether the arid at- 
mosphere of a summary. Both of these writers correlate with their narra- 
tives in the appropriate places the work of the ancient historians. Dr. 
Heinrich Schurtz in 85 pages takes a bird's-eye view of the history of the 
Pyrenean peninsula from the days of the primitive Iberians to the end of 
the Spanish-American War, a veritable tour de force. In spite of its 
merits, one must consider the space too brief for a proper treatment of 
the period of Spain's greatness. 

The most striking essay in Volume Vfl. is that of Professor Richard 
Mayr on the "Economic Development of Western Europe" since the 
crusades. The opening paragraphs immediately arrest the attention by 
their richness of thought and their precision of definition ; and the chap- 
ter as a whole is compact with interesting facts and suggestive generaliza- 
tions. Another chapter in this volume that is out of the ordinary run 
is Dr. George Adler's review of the "Social Question," its economic 
causes, its problems, and its present status in the different countries of 
the world. The socialistic ideal, he trenchantly asserts, is an illusion, 
but one of those great illusions which stir inert mankind and make progress 
possible through the agitation of the mass. The other chapter in these 

1 1 8 Reviews of Books 

two volumes are by authors of high standing in the historical field, but 
do not call for especial comment in this place. 

Enough has been said to indicate that the preparation of an English 
edition of this new Weltgeschichte has definitely enriched the body of 
historical writing in English that is abreast of modern research. In re- 
gard to the form of this edition, one may regret that the English volumes 
cost twice as much as the German ones and are nearly twice as heavy. 
If the series could have been reproduced in handy volumes, for sale 
separately as well as in sets, its use would have been more convenient 
and consequently more extended. 

The work of translation may be pronounced good on the whole. 
The narrative is everywhere readable, and frequently one is not conscious 
of reading a translation. Then, again, one is brought up sharply and 
made suddenly conscious that he is trying to see " through a glass 
darkly." Obscurities of this kind and most of the errors of rendering 
that I shall quote could very easily have been detected by having the 
proof read by a scholar familiar with German and with history. These 
examples, unless otherwise indicated, are from the first volume : On p. 
62 Johannes von Mueller's " Einleitung in die Geschichte der Eidgenos- 
senschaft " is rendered " preface to the history of leagues and confedera- 
tions." On p. 347 we have "the priest John " for " Prester John " ; 
on p. 349 " Toscanellis Brief" is translated "pamphlet" ; on p. 352 
we meet with " Celi, Duke of Medina," instead of " the Duke of Medina- 
Celi." On p. 364 we are puzzled by a reference to the discoveries of 
the thirteenth and fourteenth centuries, and find that the German reads, 
" die Entdeckungen im dritten und vierten Jahrzehnt des 16 Jahrhun- 
derts." Again, on p. 391 one stumbles over the sentence, " It was im- 
possible to form any conception of the revenues and progress of the 
colonies without having sufficient working material in the shape of native 
labor ' ' ; but a glance at the original lifts the veil ; " an Einnahmen oder 
Ertrage aus den Kolonien war ohne ein zulangliches Material an einge- 
bornen Arbeitern nicht zu denken." On p. 375 Haebler says Cortez 
seized Tescuco so as to attack Tenochtitlan, and adds, " Das er auch 
hier, nach Vertreibung des aztekischen Statthalters, hilfsbereite Bundes- 
genossen fand, war wieder eine klug in Berechnung gezogene Folge der 
politischen Verhivltnisse von Anahuak " ; in the English this becomes, 
"In consequence of the political situation which had been wisely com- 
puted by Anahuak, Cortez," etc. The confusion is even more striking 
when we are told in regard to the Spanish missionaries in America, 
"The mysticism of the Renaissance united with the enthusiasm for the 
natural conditions of human society which had arisen from Romanticism 
in casting reproach upon the Spanish missionaries that they with blind 
fanaticism had annihilated the [ast remnants of sacred antiquity," etc. 
The German is clear enough, but it naturally has to be understood before 
it can be translated. It begins, " Der unverstiindige Doctrinarismus der 
Aufklilrungszeit im Bunde mit der aus der Romantik hervorgegangenen 
Sehwiirmerei," etc. These words may be rendered, "The unintelligent 

Webster : A General History of Commerce 1 1 9 

dogmatism of the eighteenth-century rationalists joined with the en- 
thusiasm of the Romanticists for the state of nature," etc. Die Auf- 
klarung and die Aufklarungszeit in the other volumes are usually rendered 
"enlightenment," " age of enlightenment." It seems to me, however, 
that in general historical narrative the proper equivalents are "ration- 
alism" and " eighteenth century rationalism." In several passages in 
this first volume the sense is obscured by rendering wirthschaftlich by 
"agricultural" instead of "economic." Two more errors may be 
mentioned, which must be charged up against the proof-reader. The re- 
viser of the last chapter is Karl Weule in the German and Charles Weale 
in the English ; and the portrait of Toscanelli is labeled Colombo, and 
that of Columbus is labeled Toscanelli. 

Edward Gaylord Bourne. 

A General History of Commerce. By William Clarence Web- 
ster, Ph.D. (Boston and London : Ginn and Company. 
1903. Pp. ix, 526.) 

It is the intention of the author and publishers that this book shall 
serve a three-fold purpose : that it shall be used (1) as a text-book in 
secondary schools that offer regular courses in economic history; (2) as 
a text-book in lower classes of colleges; and (3) as a companion book 
to the study of general history, or of the history of particular nations, in 
all schools. On the whole, because of its scope and method of treat- 
ment, it is probably best adapted for the third of these purposes. For 
the first purpose it ought to be preceded, in order to secure satisfactory re- 
sults, by a thorough course in general history ; for the second purpose it is 
hardly advanced and detailed enough, and for both purposes its point of 
view gives rise to serious objections to its use in courses other than the 
courses in history proper. A few characterizations will bring out more 
clearly this nature of the work. 

It is a history of civilization in which is taken the commercial point 
of view of the history of the rise and fall of nations. It is really a story 
of national life. In his endeavor to "get clear-cut and accurate pic- 
tures of the commercial growth and decay of separate nations," and not 
to fail "to grasp the dramatic element which the subject presents," the 
author has too much emphasized the fact that commerce " prospers in 
peace and is destroyed by war," and has not satisfactorily fulfilled his 
promise of presenting "an understanding of industrial, racial, and cli- 
matic" conditions which determine the course of industrial and commer- 
cial life. This makes the work more valuable for students who desire, 
for instance, suggestions as to the commercial aspects of the war between 
Philip II. and the Netherlands, or of the struggle for supremacy between 
England and France, than for students who are studying commerce and 
industry for the sake of the principles involved. 

As the title indicates, it is a general history. In the space of 514 
pages the author reviews the commercial history of nations from the ear- 
liest time to the present. It is necessarily, therefore, a compact statement 

120 Reviews of Books 

of facts and conclusions. The result is that the work is hardly detailed 
enough for a college course, although of suggestive value to students at 
that stage. For students in secondary schools, on the other hand, the 
author has succeeded in presenting so much, in so compact a form and 
with so many historical allusions, that to make its use profitable there 
should be a thorough preparation in general history. 

In execution the author has been very successful. The parts are well 
balanced. A few generalizations are open to contradiction, a few more 
to question, but on the whole the work shows a good grasp of the histor- 
ical movements in the various periods. In his analysis of the essential 
features of the industrial and commercial life of the last period the author 
is not so fortunate. The style is smooth and the ideas clearly presented. 
There is a good index and good bibliographical reference-lists. The 
eighteen maps are very helpful ; ten more, in place of the illustrations of 
vessels of the various periods, would have helped the text so much the 

Dr. Webster's work will be found to be a very suggestive companion 
book for students of political and of industrial history ; and in those in- 
stitutions in which the work is all commercial, in which there are no 
courses in general history, and in which something is needed to fill this 
place, this work is the best that has yet been published. 

H. S. Person. 

A History of Egypt. By E. A. W. Budge. (Oxford : University- 
Press ; New York: Henry Frowde. 1902. Eight volumes. 
Pp. xxiv, 222 ; xvi, 207 ; xvi, 219 ; xvi, 241 ; xvi, 219 ; xxxiv, 
230 ; xvi, 25 1 ; xvi, 321.) 

Research in the field of Egyptian history can hardly be said to have 
kept pace with the rapid progress made in the study of the language in 
the last twenty years. The career of the Nile valley peoples in its prin- 
cipal epochs and broad outlines may now be traced with a fair degree 
of clearness, hut the whole subject abounds in unsettled problems which 
require to solve them only the collection of the existent materials, and 
bristles with innumerable questions demanding special investigation. The 
very hulk of the history under review would suggest that at least some of 
this work had been done in its preparation, but such is not the case. 
The author frequently attempts the solution of the more patent problems, 
but he is for the most part unconscious of their existence. Why his re- 
searches are not more successful will be apparent as we proceed. 

The work covers the entire sweep of Egyptian history from the earliest 
times to the absorption of the country into the Roman Empire. The 
division into volumes is not well done : the twenty-sixth dynasty is 
needlessly cut in two at the end of Volume VI., and the Ptolemies suffer 
the same fate at the end of Volume VII. The method of treatment is a 
modification of the one introduced by Brugsch and Wiedemann in Ger- 
many and followed by Petrie in England. It consists of presenting the 

E. A. IF. Budge : A History of Egypt 1 2 1 

documentary and monumental sources themselves, arrayed before the 
reader in motley succession, accompanied by some few interpretative 
remarks by the author. That this is not history but merely the materials 
for a history is of course evident. The obvious function of the historian, 
of sifting, classifying, arranging, and then basing a coherent and care- 
fully digested treatment of each epoch upon these sources, plays no part 
in such a work. There is an attempt to avoid this difficulty in the present 
work by appending to each period that has been so treated a summary. 
If these summaries had been skilfully done and put together in a 
volume by themselves, the whole work would have been much improved. 
As it is, it suffers from repetition. As each volume is introduced by a 
preface summarizing its content, the repetition becomes intolerable, es- 
pecially as repetitiousness is characteristic of the author. For example, 
he says, " In this coffin was found a mummy which was believed to be 
that of the queen, but when it was opened on June 27th, 1886, the in- 
scriptions which were found upon the bandages, etc., showed that it was 
the mummy of king Painetchem " (III. 200, 201). Only six pages 
further on (not in the summary) he says, "The mummy which was 
inside the coffin of queen Aah-hetep was opened on June 27, 1886, and 
the inscriptions on the bandages proved that it was the mummy of Pain- 
etchem. " Again in successive sentences : "... at Elephantine he built 
a small but most interesting temple in honor of Khnemu, the Nubian god 
of the first cataract. This building was comparatively small ..." (IV. 
no). A number of similar examples might be offered. 

As to the character of the sources, in the form presented by the 
author, several facts should be noted. The classic sources are not cited 
in the best and the latest translations; indeed (to use the author's own 
words), " The extracts from the History of Herodotus, given in English, 
are taken from the quaint and charming old rendering of the first two 
books by ' B. R.,' which was published in 1584 " ! ! Page after page of 
this " quaint and charming old rendering," with the old English spelling 
unchanged, and in critical passages bristling with errors that make it 
worthless, are then offered for the reader's delectation. The Egyptian 
sources are given in translations or in summaries and occasionally in the 
original. The most difficult and uncertain passages are rendered in the 
smoothest of modern English, without a hint of an interrogation point. 
The Egyptian sources are therefore far more untrustworthy than the 
classic. Of the philological side of the work we shall have occasion to 
speak further. 

It is impossible within the necessary limits of a review to discuss the 
large and difficult question of the chronology. The author adopts with 
some modification the system of Brugsch, without seeming to know that 
Brugsch later accepted without reservation the astronomical results of 
Mahler — results which the author rejects after the most superficial ex- 
amination, and results which make quite impossible his own system. 

The vast period covered by the work, as well as the amount of material 
involved, make it quite impossible to survey the author's treatment of the 

1 2 2 Reviezvs of Books 

successive epochs with which he deals. All that we can do is to examine 
the character of his methods and results, and determine whether or not his 
work is trustworthy. We have already noted that the repetitions in the 
work indicate a tendency to forget entirely what he has already stated. 
But this tendency does not stop at repetition ; it goes on to contradict 
calmly, in a manner that is simply amazing, what has already been dog- 
matically stated in previous pages. Permit me to offer a few examples : 
i. In speaking of the stela between the fore legs of the Great 
Sphinx, the author says, " In the thirteenth line of the inscription, the 
cartouche of Khaf-Ra occurs, but the text is too mutilated to see in what 
exact connection" (II. 50). Later he states, "... the few legible 
words in line 14 tell us that the Sphinx was made by king Khaf-Ra " 
(IV. 86). The first statement is correct ; the second, contradicting it, 
is pure fiction. 

2. Referring to the wooden coffin found in the third pyramid of 
Gizeh, the author says : " So far back as 1883 . . . certain Egyptolo- 
gists had declared the wooden coffin of Men-kau-Ra to be a ' restora- 
tion ' of the XXVIth Dynasty, and not an original piece of work of the 
IVth Dynasty. . . . The statements put forth in support of the restora- 
tion theory are inconclusive and quite insufficient to set aside the opin- 
ion of the experienced archaeologists [Birch and Maspero] mentioned 
above" (II. 60-61). Now this alleged fourth-dynasty coffin is mum- 
miform and had a mummy's face and head. But later in arguing on the 
age of the coffins of the "Antef kings," the author says, " . . . no 
example of a coffin made in the shape of a mummy with a human face 
is known to belong to these early periods " (II. 182). As he is refer- 
ring to the eleventh dynasty and earlier, trie above mummiform coffin, 
affirmed by him to belong to the fourth dynasty, is here by his own 
admission necessarily of later date than the eleventh dynasty. 

3. In speaking of the last Montuhotep, a Theban Pharaoh of the 
eleventh dynasty, the author says, "... before his death his empire 
extended from the sea coast on the north to a point some considerable 
distance to the south of Aswan " (II. 202) ; but a few pages further on, 
in the first paragraph of the very next volume, he remarks of the The- 
ban Amenemhet I. (who reigned two generations later), "... he 
was the first of the princes of Thebes who succeeded in making himself 
actually king of the Nile Valley from the Mediterranean Sea to Aswan " 
(ID. 1). 

4. The British Museum possesses a pair of magnificent sculptured 
lions placed in the Nubian temple at Soleb by Amenhotep III. ; they 
were later carried southward to Gebel Barkal in Nubia by one of the 
Nubian kings. Of these lions the author says that they "are thought by 
some to have been taken there [to Gebel Barkal] from the north by the 
king who usurped them, but that seems unlikely " (IV. 112). Later, 
however, he states : "It is usually said that Amenhetep III. set up here 
just under the mountain called Gebel Barkal, a building . . , but there 
is no evidence that he did so, for the lions inscribed with his name . . . 

E. A. IV. Budge : A History of Egypt 123 

which were found there were probably brought to that site from the tem- 
ple at Soleb " (VI. 100). 

5. The discussion of the remarkable reign of Amenhotep IV. calls 
out the following remark: "The mummy of Amenhetep IV. was found 
in the tomb of Amenhetep II. at Der al-Bahari " (IV. 129). A list of 
the royal mummies found in this tomb is later inserted, and it contains 
the name "Amenhetep IV." (IV. 175). In the face of all this we find 
in the next volume a page and a half devoted to a demonstration that M. 
Loret was wrong in asserting that among the royal mummies found by 
him in the tomb of Amenhotep II. was that of Amenhotep IV. ; and 
the author adds that in January, 1900, he himself inspected the mummy 
alleged to be that of Amenhotep IV. and reached the conclusion that 
his colleagues were correct in asserting that it was not such, but that it 
belonged to Merneptah, supposed to be the Pharaoh of the Exodus. 
The two volumes containing these contradictory statements bear the year 
1902 on the title-page as do all the volumes of the work. 

Where unfamiliarity with what has already been said in the author's 
own work is so evident, acquaintance with what other men have said or 
with the evidence of the monuments is hardly to be expected. Of some 
of the most important monuments the work shows total ignorance. One 
of the important activities of Egypt's earliest period was her commerce 
with Punt (the Somali coast) by the Red Sea route. A very interesting 
inscription in a tomb at Assuan contains the autobiography of a noble- 
man named Pepinakht, who relates how he was sent to the Red Sea coast 
to rescue and bring back the body of an officer who, while building a 
ship there for a voyage to Punt, had been set upon and killed by the 
Beduin of the region. Not knowing of this inscription, nor of another 
at Assuan showing that at least two more voyages to Punt were made in 
the Old Kingdom, the author tortures the reference to the only expedi- 
tion thither with which he is acquainted in this period into an overland 
route to Punt, for which there is not the slightest evidence (II. 120, 134). 
These four voyages took place in the fifth and sixth dynasties, in the 
middle of the third millennium before Christ, and are the earliest long 
voyages in the open sea known in human history ; but our author knows 
of no voyage to Punt until the eleventh dynasty (II. 206), nor of any 
"sea-going boats" earlier than the same period (VI. 59). The family 
of nobles who carried on this commerce for the Pharaohs of the time 
resided at Assuan, on the island of Elephantine at the foot of the first 
cataract. In one of the neighboring cliffs their tomb chapels are hewn, 
and it is in these chapels that they have left the records of their adven- 
turous voyages. They naturally also led the Pharaoh's caravans into the 
upper cataract region to trade among the Nubian tribes for ebony, ivory, 
gold, and panther-skins. The most famous of these border nobles was 
Hirkhuf, who penetrated to the pygmies of the interior and brought back 
one of them for the Pharaoh. After recounting this man's expeditions, 
the author says, " It is much to be hoped that other inscriptions of the 
kind may be forthcoming" (II. 120). Considering the fact that the 

i 2 4 Revieivs of Books 

author has visited and written at length upon the Assuan tombs (PSBA 
X. 4-40) and even assisted in their excavation, it is remarkable that he 
should be unacquainted with the content of the inscriptions in the tomb 
of Sabni (of which he himself took squeezes on his visit there), which 
furnish us with another expedition like that of Hirkhuf. Had the author 
made use of his own squeezes, the desired "other inscriptions of the 
kind" might have been "forthcoming." In the Old Kingdom, for a 
knowledge of which our sources are so painfully scanty, we therefore find 
that, in the matter of foreign relations alone, three important inscrip- 
tions, two of them long ones, are unknown to the author. Again, in 
the foreign relations of the Middle Kingdom, the expedition of Usertesen 
I. against the Beduin is unmentioned and seems to be unknown. Like- 
wise the treatment of the foreign relations of the New Kingdom suffers 
from similar unfamiliarity with the existing evidence. The queen 
"Thi," who, in the opinion of our author, was a foreign princess from 
Mitanni, and is so often mentioned on the interesting commemorative 
scarabs of Amenhotep III., is already mentioned on the great Bull-hunt 
scarab in the king's second year. But with this important monument 
the author is unacquainted, and he spends nearly two pages (IV. 98- 
100) on the question of the date of the queen's marriage, a question 
which would not have arisen if he had been acquainted with this scarab. 
The sources on the foreign connections of the New Kingdom contain 
monument after monument thus overlooked by the author. Thus the 
campaign of Amasis I. into Phoenicia is unknown to him (III. 188); 
he is unacquainted with the campaign of Thutmose II. on the Euphrates 
(III. 215 ); he has overlooked the advance of Thutmose III. to Lebanon 
on his first campaign after the fall of Megiddo (IV. 36, 37). Such are 
some of the more important oversights bearing on foreign relations alone. 
But the worst sin of this character in the work is in the treatment of the 
eleventh dynasty. A group of Pharaohs named Intef or Antef, usually 
assigned to this dynasty, have been shown by Steindorff to belong, with 
some exceptions, to the seventeenth dynasty, some four hundred years later. 
Our author, using Steindorff' s results (without acknowledgment, by the 
way), is so captivated with the idea of the later date for these kings that 
he overlooks the exceptions, and bundles the whole group unceremoni- 
ously into the seventeenth dynasty. Yet the tombstone of a man who 
lived early in the twelfth dynasty records the fact that he held an office to 
which his great-grandfather before him had been appointed by one of 
the Antefs, called Uah-ankh. This "Uah-ankh," therefore, must of 
course have lived before the twelfth dynasty ; but not knowing of this 
tombstone, which is in the museum of Leyden (V. 3 ; Piehl Insc. III. 
XXI. -XXII.), our author carries Antef-" Uah-ankh " also over to the 
seventeenth dynasty ! 

The above omissions concern only original documents ; it would be 
useless to cite examples of unfamiliarity with the researches of the last 
twenty years. Even the time-honored "poet laureate of the day," Pen- 
taur, who was buried with honors by Erman twenty years ago, still 

E. A. IV. Budge : A History of Egypt 125 

figures in a musty paragraph of this work (VI. 52). Where a modern 
work is cited and apparently used by the author, a closer examination 
reveals that his acquaintance with it does not extend beyond the title. 
Thus he refers to Schaefer's new edition of the great Nastesen Stela in 
Berlin, but in his use of the monument he employs the mention of Don- 
gola (VIII. 157), formerly supposed (by Maspero) to be found upon it, 
not knowing that the cleaning of the stone and the new collation by 
Schaefer have shown that no such word exists in the text. But the vast 
majority of the results of recent research, except those gained by excava- 
tion, have no place in the work whatever. 

Turning from the material which the author has overlooked to that 
which he has employed, the misunderstandings and errors are numerous, 
far exceeding the slips of which every historian must now and again be 
guilty. We are told that the obelisk of Hatshepsut at Thebes weighs 
3,650 tons (IV. 18), which is about ten times its actual weight ; and the 
fact that such numbers are found in the old guide-books inclines one to 
think that it is not a misprint here. It is stated that the Lateran obelisk 
gives the length of time between the reigns of Thutmose III. and Thut- 
mose IV. as 35 years (IV. 60), whereas it only states that it had been 
lying on the ground as left by Thutmose III. for 35 years until it was 
erected by Thutmose IV. We find Amenhotep III. referred to as the 
son of Amenhotep II. (IV. 161), though he was in reality his grandson ; 
we see Thutmose IV. making an expedition to Phoenicia on the basis of 
an inscription of the reign of his grandfather, Thutmose III. (IV. 79) ; 
while Ramses III. is made to fight a great naval battle on the coast of 
Palestine, although the inscriptions clearly state that it took place in 
Phoenicia (V. 152). This list might be continued indefinitely; and to 
these errors of the author's own making might be added a long list of 
those which he has taken over from the work of other men, some of 
which clearly earmark the secondary sources which he has used, like the 
list of dead and captured in Ramses III. 's second Libyan war (V. 157), 
which contains a mistake in the numbers to be found only in Chabas's 
translation (and in Maspero's Histoire, from the same source). 

From what has been said it will be evident that this work has been 
put together with a haste which has made careful work and safe results 
an impossibility. Almost every page bears evidence of a looseness that 
is fatal to the results. The great copper statue of King Pepi appears at 
first as of copper, but regularly after that as of bronze ; of the ships of 
Queen Hatshepsut on their return up the Red Sea from the Somali coast, 
the author says, "In due course the ships arrived at Thebes ..." 
(IV. 10). What ships? There was no water connection between the 
Nile and the Red Sea at this time. When such looseness is found in the 
treatment of purely material things, the reader may imagine what 
happens when the author treats abstract questions demanding something 
of historic sympathy and an appreciation of historical and race psy- 
chology. Hence we find the Nubian conqueror Piankhi, when he was 
unable to catch a certain clever Delta prince and force him to surrender, 

126 Reviews of Books 

innocently eulogized in this delicious fashion : "... it was a generous 
act on the part of the Nubian conqueror to spare him such a terrible 
humiliation in the sight of his former allies ..." (IV. 114). 

The question of transliteration, being exclusively philological, can- 
not be treated in this Review, but the general observation should cer- 
tainly be made that the old misreadings scattered through this work are 
very numerous, besides many of the author's own making, like the ab- 
surd miswriting of the name of Amenhotep IV. both in hieroglyphic and 
transliteration (IV. 118). But the reader can best judge of these if he 
notes that the Tanite king, known to the Greeks as Smendes, appears in 
this work as " Nes-ba-Tetet," " Nes-ba-neb-Tet," " Ba-neb-Tet," and 
" Nes-ba-Tet " (VI. 1, 4, 7); and the Egyptian name of Cambyses is 
now " Ra-mesuth " and again " Mesthu-Ra " (VII. 42, 45); although 
there is but one correct form for each of these two names. 

The English of the work, like the method employed, is loose. I 
cannot forbear quoting a remarkable passage regarding the inscription set 
up at the southern boundary of Egypt by Usertesen III.: " It prohibited 
every negro from passing that spot, whether by sailing down the river or 
marching along its banks, as well as the passage of all oxen and sheep 
and goats and asses, except such as were engaged in the traffic in cattle, 
and such as had need to come to Egypt for the purposes of barter and of 
business generally " (III. 36-37). 

The work is very fully illustrated, presenting many unpublished mon- 
uments, some of them of great importance. For the publication of this 
material every student of Egyptian civilization will be grateful to the au- 
thor. The monuments of the earliest dynastic as well as of the predy- 
nastic period from the rich collections of the British Museum, thus made 
accessible to the public, are especially valuable. The statue of Apet 
(II. 5), dated by the author in the archaic period, is a forgery and was 
made for one of the mudirs of Upper Egypt. 

While severe strictures upon the author's method have been neces- 
sary, there are respects in which the work will prove very useful. The 
account of the successive excavations which have brought us our knowl- 
edge of the earliest dynasties ; the attempt to furnish a complete list of 
all known royal names; the insertion of Moslem sources on the former 
state of the monuments ; and the full citation of classic sources, where 
a proper translation has been employed, all these will be very convenient 
for ready reference. It is much to be regretted that the service rendered 
by the author in these particulars should be obscured by the defects to 
which so much attention has so unavoidably been given above. Finally 
it should be added that the typography of the volumes is good and that 
misprints are rare. 

The lh>i<sc of Seleucus. By Edwyn Robert Bevan, M.A. (Lon- 
don : Edward Arnold ; New York : Longmans, Green, and 
Company. 1902. Two vols. Pp. xii, 330; viii, 333.) 
Ok making many Greek histories — in usum scholarum — there is no 

end. The beaten track is become a very boulevard from the Plain of Troy 

Bevau : TJie House of Seleucus i 2 7 

to the field of Chaeronea ; and then — the jungle. Now and then we have 
the story of greater Greece from the hand of a master like Grote ; but 
the historian of Athenian democracy had no heart for the plunge from the 
city-state to the world-empire. He had no use for "that non-Hellenic 
conqueror," "who, though not a Greek, had become the master of all 
Greeks " ; and it is but coldly and under protest that he follows him and 
his spurious Hellenism into Asia and drops anchor for good and all in 
"that gulf of Grecian nullity which marks the succeeding century." 
Among English historians of Greece only Thirlwall, whom nobody now 
reads, has taken the larger and juster view of his subject ; and, if the 
modern student is coming to see that it was not all over with Greece 
when Demosthenes ended his own life at Calauria, it is mainly due not 
to the formal histories, but to Mahaffy's suggestive and discursive studies. 
While these do not constitute, they may at least inspire a definitive his- 
tory of Hellenism — not in the narrow sense nor within the narrow limits 
of Droysen, but a fresh and exhaustive survey of the whole wide field of 
Grote, Droysen, Mommsen, and Finlay. 

In our own time archaeology has been writing new and brilliant 
chapters for the very opening of such a history — at Troy and Mycenae 
and Knossos ; and now the explorer is pushing into the more forbidding 
jungles of the east. With his second volume Niese has brought his 
Geschichte der griechischen und makedonischeu Staaten down to the death 
of Antiochus III. (187 B. C), and Kaerst's first volume {Geschichte des 
hellenistischen Zeitalters) covers the life of Alexander; while Adolf 
Holm's fourth volume undertakes "to describe for the first time the 
whole course of Greek life and thought in Europe and beyond the Medi- 
terranean, from the death of Alexander down to the battle of Actium." 
And now comes Mr. Bevan on a line of his own — ■ that of segregating the 
youngest of the Diadochi and following the fortunes of his house to the 
finish. In his own words, he "sets out to illuminate . . . the work 
accomplished by the dynasty of Seleucus in its stormy transit of the 
world's stage two thousand years ago." It is no fault of the illuminator 
if the light sometimes fails and ofttimes barely serves to make the dark- 
ness visible ; and he has certainly economized the last ray that could be 
wrung from the sources within reach. To a mere annalist the case would 
be desperate, but that is not Mr. Bevan's quality; to him, as to us, the 
house of Seleucus is chiefly important not in its external fortunes, but 
because it was under its aegis that Hellenism struck roots in all lands from 
the Mediterranean to the Pamir. 

It is indeed an illuminating as well as a noble chapter on " Hellenism 
in the East" with which our author begins his work. Hellenism was 
the product of the Greek city-state, whose achievement it was to bring 
freedom and civilization into union ; it implied a certain type of char- 
acter — that of the free man dominated by duty to the state — and it 
implied a certain cast of ideas, for this duty-bound freeman lived in an 
atmosphere of debate and habitually referred all things to the standard of 
reason and reality. Yet a great part of Hellenism, once developed, — 

1 2 8 Reviews of Books 

the body of ideas, of literary and artistic tastes — was communicable to 
men who had not themselves lived under those conditions. Before the 
end of the fourth century it had leavened Macedonia and followed Alex- 
ander's flag to the ends of the earth ; and long after the conqueror's 
death the ruling powers from the Balkans to the Indus continued to be 
Greek in speech and mind. Then Rome, the real successor of Alex- 
ander, having itself taken all the mental and artistic culture it possesses 
from the Greeks, steps in to maintain the supremacy of Greek civilization 
in the east. Hellenism, however, had still to pay the price. The law 
of ancient history was inexorable : a large state must be a monarchic 
state. Rome in becoming a world-power became a monarchy. Thus, 
thanks to despotic kings — first Macedonian, and then Roman — Hel- 
lenism is carried far beyond its original borders : the vessel is broken 
and the long-secreted elixir is poured out for the nations. And the old 
leaven is still working. "What we call the Western spirit in our own 
day is really Hellenism reincarnate. . . . All through the chaos the seeds 
of the old culture were carefully nursed. . . . Men at the Renaissance 
took up the thoughts of the Greeks again where they had dropped them. ' ' 
"The civilization which perished from India with the extinction of the 
Greek kings has come back again in the person of the British official." 
But " Hellenism has as yet had very little time to show — what it can 
do " — say, in Manchuria ! 

We have tried to summarize this chapter because it gives the author's 
key-note ; and, for a translator of yEschylus, his point of view is suffi- 
ciently modern. The second chapter, on the " Physical Environment," 
in a way recalls Ernst Curtius, as does the painstaking topography of the 
whole work ; yet we miss Curtius's vivid autopsy. Following these gen- 
eral chapters, the author proceeds to narrate " the series of events that 
led up to the virtual conquest of the whole heritage of Alexander by 
Seleucus " (Chaps. III. -VI. ) ; next he traces the history of his succes- 
sors down to the assassination of Seleucus III., in so far as that history is 
concerned with Asia Minor (Chaps. VII. -X.) ; and then takes each of 
the other provinces — Syria, Babylonia, Iran, India — in turn to see 
what can be gleaned of its life under these Hellenistic kings (Chaps. 
XI. -XIV. ). The plan is hardly an ideal one, though we cannot quar- 
rel with Mr. Bevan for not constructing an orderly history out of the 
scraps at his command ; but one may wonder that, having picked up the 
dropped stitches, he does not seize the moment of Seleucus' s fate — 
leaving his empire apparently in the throes of dissolution — to bring his 
first volume to a close, instead of running on a chapter on the " First 
Years of Antiochus III." 

Thus the second volume would gain a completeness and unity im- 
possible in the first. There is the long reign of Antiochus the Great — 
twenty years of incessant fighting that wins back well-nigh all that his 
father and grandfather had lost, until Rome takes a hand, and a decade 
later the hundred years' struggle of the house of Seleucus for Asia Minor 
ends with the practical annihilation of the king's army by Scipio at 

Sevan: The House of Seleucus 129 

Magnesia (i 9 o B. C. ) ; and the empire, which had almost been the em- 
pire of Alexander, shrinks to a kingdom of Syria (Chaps XV -XXI ) 
Henceforth, the plot has but a single thread, and that is cut short when 
rompey appears as conqueror in Syria to settle its affairs in the name of 
Rome, and the kingdom of the house of Seleucus is come to an utter end 
(64 B. C ). But not the house ; the kings of Commagene boasted its 
blood, and one of them - without a throne but still calling himself king 
though he had been a Roman consul and was then an Athenian citizen' 
enrolled in the deme of Besa - set up at Athens as late as 1 1 5 A D the 
well-known monument of Philopappos. 

Reckoning from "the year of the Greeks" ( 3 i 2 B C ) — when 
young Seleucus, whom we have seen slipping out of Babylon four years 
earlier and riding for his life with fifty horsemen to Egypt, routs Deme- 
trius at Gaza and reestablishes himself as master m the house of Nebu- 
chadnezzar - until Philip II. , and with him the house of Seleucus, finally 
disappears (56 B. C), the era of the Seleucids comprises more than a 
quarter-millennium, and the fortunes of the house touch every height and 
every depth. Here is room and verge for the historian ; and, withal 
temptation to let fancy range where fact is not forthcoming. But Mr' 
Bevan is no romancer: he frankly tells us when the light goes out and 
yet from point to point he holds fast his clue. Thus to illustrate at once 
his frankness and his force : 

For us a great cloud comes down upon the contest. History has 
mainly forgotten it. We can only see dim glints of armies that sweep 
over Western Asia, and are conscious of an imbroglio of involved wars 
But we can understand the stupendous nature of that task which the house 
of Seleucus set itself to do - to hold together under one scepter against 
all the forces which battered it, forces stronger than any by which the 
Achasmenian Empire had ever been assailed till the coming of Alexan 
der, against all the elements of disruption which sapped it within, the 
huge fabric built up by Seleucus Nicator. It was a labour of Sisyphus 
Ihe Empire, a magnificent tour de force, had no natural vitality Its 
history from the moment it misses the founder's hand is one of decline 
It was a - sick man " from its birth. Its construction occupied the few 
glorious years of Seleucus Nicator, its dissolution the succeeding two and 
a quarter centuries. Partially restored again and again, it lapses almost 
immediately into new ruin. The restorations become less and less com- 
plete. But it does a great work in propagating and defending Hellenism 
in the East till the advent of Rome (I- 7 5 ff. ) - 

While candor and sobriety are the chief notes, and the resultant 
sketchiness and inequality of treatment make but dry reading these 
pages are brightened by many a sunburst - as when our author tells over 
again Polybius's story of the betrayal of Achats (which General Fun- 
ston s biographer should not fail to read); or Demetrius's escape from 
Rome after the same first-hand authority; or Antiochus's benevolent 
assimilation of the Jews- "the little people" who had hitherto "dwelt 
separate in their hill country and, while wars rolled past them and king- 


130 Reviezus of Books 

doms clashed and changed, nursed the sacred fire and meditated on the 
Law of the Lord." 

In the present state of knowledge, with literary sources mainly at 
second-hand and scrappy, while over most of the territory in question 
where the monumental sources lie buried the archaeologist has not yet 
broken ground, no definitive history can be written ; but Mr. Bevan has 
done good work in this fore-study of what must ultimately take its place 
as a notable chapter in the great history of Hellenism. Should the book 
ever come to a second edition, which is hardly probable, it would be the 
better for two or three "helps" : first, a chronological table like that 
prefixed to Mahaffy's Greek Life and Thought; second, side-notes such 
as make Grote's History and many subsequent works doubly useful and 
usable ; and third, some such digest and critique of authorities as Holm 
appends to his chapters. The three maps are fair and the plates excel- 
lent, presenting a fine series of Seleucid portrait-heads on forty-six coin 
types. J. Irving Manatt. 

Augustus : The Life and Times of the Founder of the Roman Empire . 
By E. S. Shuckburgh. (London : T. Fisher Unwin. 1903. 
Pp. x, 318.) 
Augustus Ccesar and the Organisation of the Empire of Rome, By 
John B. Firth. [Heroes of the Nations.] (New York and 
London : G. P. Putnam's Sons. 1903. Pp. xvi, 371.) 
"Augustus," says Shuckburgh, "has been much less attractive to 
biographers than Iulius ; perhaps because the soldier is more interesting 
than the statesman ; perhaps because the note of genius conspicuous in 
the Uncle was wanting in the Nephew." Firth, after remarking that to 
his knowledge no biography of Augustus had yet appeared in English, 
suggests that " the reason of this apparent neglect may be found in the 
circumstance that his character is one of the most puzzling in antiquity. 
The Emperor Julian compared him to a chameleon ; Augustus himself 
signed his State papers with a ring bearing the device of a Sphinx. Both 
the man and his work remain ' a contradiction still ' ; theory and prac- 
tice in his case persistently refuse to be reconciled ; one can hardly feel 
quite sure at any given point in Augustus's life that one knows exactly 
what he had in mind." Perhaps a still better reason is that the biog- 
rapher finds extremely little to add to the historian. Firth and Shuck- 
burgh enter a field which has already been well cultivated ; historians 
like Merivale, Schiller, Herzog, and Duruy, whose works include the 
reign of Augustus, have dealt creditably with the subject, and each in his 
own way has solved, or attempted to solve, the sphinx-riddle. In ap- 
proaching these two recent biographies, therefore, we may look for little 
that is new ; but we shall not be disappointed in expecting to find the 
old material put into a fresher and more convenient form. 

The compass of the two works is nearly the same, Shuckburgh treat- 
ing the subject with somewhat greater detail. After devoting a few pages 

Shuckburgh : Augustus 1 3 1 

to the childhood and youth of Augustus, both writers proceed to narrate 
his public career — in other words, to write the history of Rome during 
his lifetime. This treatment includes the condition of Rome and the 
Empire at the death of Julius Caesar, the political struggles and the civil 
wars from 43 to 31 B. C, the organization of the imperial government, 
the provinces, the chief events of the reign of Augustus, his patronage of 
literature and religion, his family affairs, and his character. As little is 
known of his motives and feelings, the treatment must be to a great ex- 
tent impersonal. Lacking therefore the essential feature of biography, 
a life of Augustus can hardly be more than a chapter from Roman history. 
For this condition of their subject, however, Firth and Shuckburgh are 
in no way responsible. 

Characteristic of the present trend of opinion is the attitude of these 
two authors toward the revolution from Republic to Empire. Shuck- 
burgh and Firth are in thorough sympathy with Julius Caesar and his 
work ; they have no love for the oligarchs, whose mismanagement made 
the revolution necessary. Though Cicero naturally suffers along with the 
oligarchs, he is a far better and abler man than he appears to be in 
Mommsen's history ; he is " the great man " (Shuckburgh), " the patriot 
statesman — and with all his faults no Roman better deserved that hon- 
ourable name " (Firth). Young Octavius falls heir to the sympathy for 
Julius felt by the biographers. They fully appreciate his ability and 
especially his inborn talent for intrigue ; and they follow with admira- 
tion his early career, without attempting to make black white, or to deny 
or excuse his cruelty in the proscriptions of 43 B. C. 

One of the most interesting and most extensively discussed subjects 
connected with Augustus is the character of his government. Whereas 
earlier writers had uniformly described the government of Augustus as 
"a monarchy disguised in republican forms," Mommsen declared it to 
have been a dyarchy — a division of authority between the Senate and 
the prince — , and his view is now accepted by most scholars, who apply 
it with more or less consistency to the treatment of the early Empire. 
But Shuckburgh, after mentioning this view, insists that Augustus was 
really " a monarch, whose will was only limited by those forces of cir- 
cumstance and sentiment to which the most autocratic of sovereigns have 
at times been forced to bow." Firth, following the present trend of 
thought, says of Augustus : 

His great aim was to graft the Principate upon the Republic. He 
did not wish to uproot the old tree and plant a new one ; his desire was 
to furnish the old tree with a new branch, which should be the most 
vital of all its limbs. In the constitution were many magistracies ; he 
added yet another. If it was one of extraordinary scope and power, the 
justification was that the times required it. 

Though the magisterial powers of the prince were vast, the govern- 
ment was not for that reason a monarchy pure and simple. It was still 
a republic in the theory expressed by Augustus and accepted by the 
Senate] but in fact the term dyarchy aptly applies to it because of (1) 

T 1 O 
1 *> - 

Reviews of Books 

the division of the Roman world into Italy and the Empire, each with 
peculiar administrative principles and machinery ; (2) the division of 
the Empire into senatorial provinces and imperial provinces; (3) the 
two treasuries ; (4) the two sets of officials. But Firth supposes that 
the dyarchy fell at the accession of Tiberius, if not before, whereas writ- 
ers generally continue it to Domitian or even to Aurelian. For the 
right understanding of this subject it is advantageous to separate the 
arbitrary acts of the emperors from the legitimate working of the consti- 
tution. This discrimination is necessary, especially as the period of the 
early Empire was one in which usurpation and tyranny were easy. 

The final chapter of each book is devoted to the great enigma — the 
character and aims of Augustus. Firth minutely analyzes the first emper- 
or's character ; Shuckburgh, avoiding detail, finds space for a brief esti- 
mate of the intimate friends of Augustus. Firth, more ready than Shuck- 
burgh to accept the gossip of Suetonius, discovers in the emperor a 
combination of loose morality and asceticism. Both authors, while 
bearing in mind the hypocrisy of his position, rightly appreciate the 
substantial nature of his achievements. Firth says in conclusion : 

He knitted together the Roman world, east and west, into one great 
organisation of which the emperor stood as the supreme head. He set 
his legions upon the distant frontiers and their swords formed a wall of 
steel, within which commerce and peace might flourish. . . . Augustus 
started the Roman world on a new career. He made it realise its unity 
for the first time. That was his life-work, and its consequences remain 
to this day. 

On the whole, Shuckburgh treats the subject more objectively, and 
is perhaps a little more careful in his statement of facts, though Firth's 
book will doubtless prove more interesting to the general reader. Both 
writers, however, are attractive as well as scholarly, and their works will 
certainly be helpful to all who are interested in Augustus and his age. 

George Willis Botsford. 

An Introduction to the History of Western Europe. By James 
Harvey Robinson, Professor of History in Columbia University. 
(Boston : Ginn and Company. 1903. Pp. x, 714.) 
In the opinion of the writer this is the best manual of general Euro- 
pean history which has yet appeared in English. And the reason for 
Professor Robinson's comparative success in the impossible task of com- 
pressing into seven hundred readable pages a clear account of the chief 
events and movements of European history from the barbarian invasions 
of the fifth century to the formation of the kingdom of Italy and the Ger- 
man Empire appears to be the consistent application to his task of two 
principles — omission and emphasis. Mr. Robinson has proved the sin- 
cerity of the opinion expressed in his preface, that most elementary 
manuals of history mention too many men and too many facts, and has 
avoided producing a book which by expecting the student to learn too 
much runs the danger of teaching him nothing. The author's omissions 

Robinson: The History of Western Europe 133 

are a relief to the teacher. He has secured his emphasis upon the chief 
events and personages by expansion, which is the surest method. An 
extremely attentive student will remember that a thing is important 
if he is told .that it is ; a very acute student, diligent or lazy, will find 
out the important things in a book or a lecture for himself; but the 
average student is not apt to be extremely attentive or very acute, and 
instinctively judges the relative importance of different parts of any ex- 
tended course of instruction by the time or space given to them. It is 
necessary of course to train students away from the habit of mental re- 
laxation which produces this instinctive judgment, but Mr. Robinson is 
wise to take full account of the general attitude of the average mind and to 
expand his narrative when he comes to movements of such capital impor- 
tance as the schisms of the sixteenth century and the French Revolution. 

The insistence upon personality by careful and comparatively full 
accounts of the character and work of the chief actors in the story of 
western Europe is also an advantage of this manual. In giving histori- 
cal instruction it is wise to emphasize great men, because they make the 
ages in which they live and also because they are made by them. It is 
doubly wise to do this in elementary instruction, because to personify 
causes and effects in a character which is both result and agent is often 
the easiest way to make a small amount of information about them under- 
standable and memorable to the average mind. 

The most marked advantage which this book has over its predecessors 
is that it gives a proper amount of space to the history of the Church. 
The writer makes clear that the life of the men of the middle ages was 
largely dominated by the nature of their religion and complicated by the 
organization of the Church to which they all belonged. He appreciates 
the difficulty which American students have in understanding a religion 
organized in a form which gave to churchmen many of the functions we 
think of as belonging to the state. No other text-book, so far as the 
writer knows, makes this side of the life of the middle ages so clear. It 
seems, however, that Professor Robinson has failed to make sufficiently 
plain the corruption of the Church, not only in its members, but in its 
head previous to the reforms of the eleventh century. Although he is 
quite right in suggesting that it is possible to emphasize too much its cor- 
ruption by failing to insist upon the usefulness which kept it alive even in 
the ages of debasement. It would appear also that some mention should 
be made of the monastic reforms which preceded the reform of the 
papacy, and of the great influence of monks in restoring the ideal of the 
vicar of Christ. It would also have been well to define the right of 
sanctuary and its relation to the civil law. Mention of the ascetic ideal 
and its relation to monasticism should not have been omitted. The re- 
lations of the Church and the Empire, as the main thread of the narra- 
tive, would more naturally precede the accounts of the development of 
the French and English monarchies and serve as a sort of chronological 
scale against which the student could easily make cross-sections, so as to 
synchronize in his mind the events of the different lines followed in dif- 

1 34 Reviews of Books 

ferent chapters. In general the writer would suggest a little stronger 
emphasis on chronology. Parallel tables of kings, emperors, and popes, 
with the important names used in the book printed in larger type, might 
be useful. And a simple continuous list of dates of the events and per- 
sonages mentioned, like the list of dates in Freeman's little handbook of 
European history, would be an advantage. The backbone of a beginner's 
knowledge of history is chronology in the sense of the order of succes- 
sion ; and the dates a student learns and forgets do him a large amount 
of good. Forgotten information is one element of culture. 

The chief defect of the book is an exaggeration of one of its merits. 
The instructor who handles it must be on his guard against the danger 
of leaving a vague impression on the pupil's mind. Conditions during 
past ages — that is what we need to know of course ; but the beginner 
before he can understand conditions must first know what has happened 
and when it happened. Mr. Robinson could have improved his book 
by trying somewhat more to show conditions by relating events. The 
dramatic instinct with all its danger of perverting truth is a thing to be 
used in the teaching of history. 

The English of the book is commendable, though there are evidences 
of haste in an occasional clumsy arrangement of dependent clauses, some- 
times amounting to squinting construction. There are a few instances of 
vagueness, such as, " The gradual bettering of conditions was due chiefly 
to general progress," etc. — which might mean almost anything. And 
there is an occasional expletive use of such adjectives as fair, brave, 
doughty, wonderful. The author has a way of mentioning by anticipa- 
tion persons and things not yet explained, which would be confusing to 
some students and is no real gain. And it might be suggested that the 
book would be stronger if the author omitted most of the general para- 
graphs which foretell what he is going to say. The space thus gained 
could be used for some things that would strengthen the narrative. For 
example, the Hohenstaufens are brought very abruptly upon the scene in 
the person of Barbarossa. It might be well to suggest briefly where they 
came from. The history of Sicily is given in two foot-notes. The 
only mention of the Swiss confederacy is in a page of retrospect at the 
beginning of the account of Zwingli's schism. Whether the author 
thinks that those particular things ought to go in or not, certainly there 
are historical facts more important than some of his general paragraphs, 
which are repeated in the narrative in more impressive form. The scale 
of the narrative is one of the strong points of the book. But occasion- 
ally the author is not quite up to his own high standard in maintaining 
it. For example, the account of the German schism is in places 
expanded in a way which in so very condensed an account amounts to 
repetition, c. g. page 399 compared with page 409. And, on the other 
hand, the entire settlement of the modus vivendi in Germany and how it 
came about is condensed into a page. It might also be said of the 
admirable account of the French Revolution, that in one or two places the 
author gives too many details for the scale of his narrative. But all these 
are comparatively slight defects in a strong piece of work. 

Butler: The Arab Conquest of Egypt 135 

The illustrations are not entirely successful. The cathedral doors on 
page 342 are too small to show what they were intended to show. One 
or two compartments from each, enlarged, would show it better. And 
many of the portraits are so poor that it would be far better to omit them. 

Paul van Dyke. 

The Arab Conquest of Egypt and the last Thirty ] ears of the Roman 
Dominion. By Alfred J. Butler. (Oxford : Clarendon 
Press; New York : Henry Frowde. 1902. Pp. xxxvii, 563.) 
There are few periods in Mohammedan history so obscure as the 
years during which the conquest of Egypt took place. This is the more 
surprising in view of the completeness in detail of what has been handed 
down to us concerning the life of the founder of the new faith and the early 
years of its upbuilding. Even where Mohammedan annalists disagree and 
contradict each other, a little acumen and some historical discernment 
enable us to unravel the skein. The one great exception is Egypt. Here 
the primal facts are disputed and the leading dates uncertain. This may be 
due to the fact that very few of the classical and Arabic authorities who 
wrote on Egypt or who mentioned events occurring there really knew 
much about the country itself ; the earliest Arabic writers lived a hun- 
dred years after the conquest ; and the most learned of them, such as al- 
Makrizi, al-Suyuti, and Ibn Dukmak (all of the fifteenth century) are 
more topographers than historians ; and the sources from which they 
drew were already in their day much troubled. The lacuna might have 
been filled by the works of Coptic writers ; but only a small part of this 
literature has come down to us. The publication by Zotenberg in 1879 
of the chronicle of the Coptic Bishop John of Nikiu, a good and re- 
liable account of one who was born just a little too late to be an eye- 
witness of the conquest itself, is the foundation-stone upon which every 
reconstruction of this history must be built. Unfortunately it has come 
down to us incomplete and muddled and only in an Ethiopic version. 
Mr. Butler laments "the slightness of his acquaintance with Arabic," 
a circumstance which might have worked havoc with one who has had to 
deal so much with Arabic authorities, did not translations abound as 
well as helpful translators. And withal, Mr. Butler has occasionally 
slipped. The great historical work of Tabari he knows only from Zo- 
tenberg's French translation of the Persian rendering; otherwise he 
would not say (p. 326) that the treaty of Arar with Alexandria is only 
known from the Tabari quotation in Ibn Khaldun. Even one who runs 
may read it in the Leyden edition, Part I., p. 2588. Nor would he say 
(p. 66) that according to Tabari the Persian king Chosroes "issued an 
edict allowing the Christians in his dominions to restore their churches 
and to make converts of the Magians if they could." The text reads, 
"to restore their churches and permitted anyone to go over to their 
church who wanted to do so, except the Afagians" ; which is much more 
intelligible as, according to Zoroastrian teaching, apostacy was punished 
by death (Noldeke, Geschichte der Perser und Araber, 287). The date 

1 36 Reviews of Books 

of Mohammed's letters to the various rulers is not 627 but 629, as is 
seen from the succinct account of Ibn S'ad, published and translated by 
Wellhausen in his Skizzen, IV. 97. That the future conqueror of Egypt, 
Amr ibn al-As, was sent by Mohammed with a letter to Oman, is men- 
tioned not only by Ibn Ishak (Butler, p. 140, note 1) but also by Ibn 
S'ad ; though not in the year 6 but in the year 10 (Wellhausen, IV. 102 ; 
VI. 25). On the whole, the latest German authorities who have written on 
Arabic history, such as August Miiller, Noldeke, and Wellhausen, are not 
cited by Butler. Certainly they do not, nor does Lane-Poole, deserve 
to be included in the sweeping condemnation of past historians in which 
Mr. Butler indulges. The work before us would not have turned out so 
voluminous, had not the author undertaken in many places to kill flies 
already dead. 

But these are petty criticisms on the whole, and must not blind us 
from a full appreciation of the splendid piece of work which Mr. Butler 
has done ; even though many of the arguments for his theses cannot be 
accepted without much reserve. He has gone into a most detailed ex- 
amination of even the most minute points, and has certainly said all that 
can be said to-day upon the subject. His work is especially valuable as 
it presents a logical and connected history of all the events that led up 
to the conquest as well as of the conquest itself. It has usually been 
held that before the actual invasion of Egypt the country was laid under 
tribute to the Arabs by Cyrus for three or more years ; that the refusal of 
the tribute by Manuel occasioned the invasion ; that Mukaukas, who was 
a Copt, sided with the Arabs and rendered them every assistance ; and 
that Alexandria after a long siege was captured by storm. It has been 
long known that the revolt of Manuel occurred several years later (645) 
and preceded the second capture of Alexandria. Butler's main point is 
to prove who this Mukaukas was and what role the Copts played during 
all this period. The personality of the man who played so large a part 
in the defense, or rather the betrayal, of Roman Egypt has always been 
the subject of the extremest doubt ; even Wellhausen, in his latest works, 
is uncertain. Butler's identification of him with Cyrus, the Chalcedonian 
patriarch and viceroy of Heracleus, the oppressor of the Copts for ten 
long years, will probably command the assent of all serious students. 
That Egypt surrendered without a blow is a myth that has long since 
been dispelled ; but the picture of the stubborn resistance which it offered 
is brought out effectually and learnedly by Butler. Whether the Copts 
remained entirely as indifferent to the coming of the Arabs as our author 
makes out is however open to some doubt. Mr. Butler seems to hold a 
brief for the Copts. And no doubt they have in the past been much 
maligned ; but it is going too far to say that they remained entirely 
passive at both the Persian (616) and the Arab invasion. John of 
Nikiu, upon whose statements this idea rests, concedes that the Copts 
did aid the Mohammedans, though he says that this was only when the 
enemy had taken possession of the Eayum (p. 211). They had been 
forced within the pale of the established church (p. 252); and they 

Macdonald : Development of Muslim Theology i 3 7 

openly sided with the Arabs when Alexandria revolted (p. 471), even 
making a regular agreement with them until Alexandria was recaptured 
(p. 480). This does not look like entire passiveness ; and we can well 
understand how they looked for some relief in the coming of the Arabs, 
preferring' men of a strange faith to their own who had treated them so 
harshly. There is, however, no evidence that in the beginning they 
took up arms against the former overlords. 

One of the most interesting of Butler's chapters (XXV. ) deals with 
the library of Alexandria. No scholar to-day seriously believes that the 
Arabs would have been guilty of such a sacrilegious burning of books ; 
but it is well to have the baselessness of the historical evidence for this 
sacrilege placed so clearly before us ; its first circumstantial mention 
being in Abu al-Faraj, a Christian author of the late thirteenth century. 
Abu al-Faraj did not invent it ; he invented nothing. Some such report 
must have been current, as it is found also in Abd al-Latif (1200), Abu 
al-Fida (12 73-1331), and al-Makrizi (1 365-1441); but for five cen- 
turies after its supposed occurrence no mention is made of it by either 
Christian or Mohammedan writers. 

The special student of Mohammedan history will, however, hardly 
agree with Butler's relative estimates of the character of the Calif Omar 
and the conqueror of Egypt, Amr. The calif was anything but greedy 
(p 459), as Butler, relying upon a sentence in al-Baladhuri, says. He 
was of a rugged and almost superhuman simplicity, as may be seen in the 
many traditions about him gathered by Tabari, or in the excellent sketch 
of his life quite recently published by Sachau ("Uber den zweiten Cha- 
lifen Omar," in J. B. der K. Preus. Acad., 1902, xv.). His one and 
only thought was the state exchequer ; and his somewhat harsh treatment 
of Amr was due to the fact that the latter was too strong a helpmate and 
too probably an opponent (Wellhausen, Das arabische Reich, p. 30). 
The later history of the califate shows how well-founded was this fear 
of successful generals in distant countries. 

Richard Gottheil. 

Development of Muslim Theology, fnrispriidencc, and Constitutional 
Theory. By Duncan B. Macdonald, M.A., B.D. (New York : 
Charles Scribner's Sons. 1903. Pp. xii, 386.) 
Professor Macdonald calls attention in the modest preface of this 
little volume to the lack of any text-book upon the subject of Muslim law 
and to the difficulties in the way of a student attempting to supply the 
need. No one with the slightest acquaintance with Arab history and in- 
stitutions will fail to sympathize in his description of the obstacles to an 
effort to render this complicated subject clear to " non-Arabists," but 
the author should be warmly commended both for his devotion to a task 
which no older scholar has been heretofore willing to undertake and for 
his success in its execution. The book is, as the title suggests, divided 
into three portions of unequal length. The fact that the first, on consti- 
tutional development, is named last on the title-page suggests the conclu- 

1 3 8 Reviews of Books 

sion that Professor Macdonald means to lay least stress upon this phase 
of his subject ; if so, his resolve will be a disappointment to the historical 
students who look to these pages for such enlightenment as a trained 
scholar in Islamic literature and philosophy can furnish upon its structure 
and political history. After a concise but admirable account of the 
famous constitution of Umar — whose more familiar name of Omar the 
purists are not likely to change for English readers — under the Republic, 
he concludes its downfall and the development of Empire under the 
Umayyads to be due to political and not to social-economic causes. It 
would be difficult to show this, though the first step in the progress, the 
elevation of Uthman to the califate was of course the result of political 
•intrigue. But above all rivalries of sept and sect was the inevitable ten- 
dency of the victorious Arab state, when once convinced of its mission, 
to establish itself in some capital which would control the great trade- 
routes and renew the empire of either a Darius or an Alexander. It was 
natural that Muawiyeh should renew the latter's ambition in Syria, where 
the Umayyad influence was supreme and where the worth of the Roman 
domain around the Mediterranean visibly affected the Arab imagination. 
But when the attempt failed within the space of a century, the clan that 
had tried and lost succumbed in civil war to another which reestablished 
the Achcemenid empire with very passable and enduring success. Islam 
as a governing instrument must have under these circumstances been in- 
fluenced first by Hellenic and subsequently by Persian ideas. Their ex- 
tent and prevalence are not, however, made as evident in the first portion 
as the historical reader might wish. It is interesting to note that so good 
an observer of the Muslim of to-day as Professor Macdonald agrees with 
certain English publicists in sounding the alarm over the reforming and 
puritanic Brotherhood of as-Sanusi which "for years has gathered arms 
and munitions and trained men for the great Jihad " against Europe. 

The part of this work devoted to jurisprudence makes the inextricable 
interlacing of Church and State in Islam more clearly apparent. To be 
a statesman in the Muslim world means also to be a jurist and theologian ; 
their law " takes all duty for its portion and defines all action in terms 
of duty. Nothing can escape the narrow meshes of its net," and the 
captions of a typical law-code translated in the appendix furnish sug- 
gestive testimony to this statement. Mohammed's own contribution to 
the legal system of Islam is called the only legislation it has ever had, 
and this was of the most fortuitous sort. After his death began a process 
of arranging and correlating, such decisions as were found in the Koran 
or remembered by his companions, and when these failed recourse was 
had to the common-sense of the judge. A certain sanctity attends the 
decisions of the first four califs that renders them hardly inferior to the 
Traditions or to the divine Word itself. But sticklers for the law and 
tradition of this narrow sort were inevitably overwhelmed in the tide of 
conquest during the first century after the hegira by the necessities of 
erecting a complete and stable system of justice for a vast empire. From 
the courts in Syria, which were allowed to continue until the conquerors 

Lane— Poole : Mediaeval India under Mohammedan Rule 139 

had learned their lesson, Muslims acquired the fundamental principles of 
Roman law, the parent law of the world, while a natural process of 
further development was secured in the " opinions " of those speculative 
Muslim lawyers whose Responsa came presently to represent equity in its 
strict sense. It was not until the Abbasid period that the canon law of 
Islam was practically completed and made, like that of the Roman church 
in Catholic states, the law of the land. Then arose the inevitable 
struggle between adherents of usage and of tradition ; and the consequent 
schools and parties all closely intermingled with subtilties of theological 
speculation, of which indeed they were necessarily a part. For clear and 
logical presentation in brief space this explanation of Muslim law has 
no equal in our language. 

Into the obscure and difficult subject of Muslim theology, occupying 
nearly two-thirds of the book, there is no need to enter here. The 
volume is a much-needed and welcome addition to the scanty materials 
for an understanding of Islam by English readers. 

Frederick Wells Williams. 

Meduvval India under MoJiammedan Ride {yi2—iy6.pj. By Stan- 
lev Lane-Poole, M.A., Litt. D., M.R.I. A. [The Story of 
the Nations.] ( New York : G. P. Putnam's Sons ; London : 
T. Fisher Unwin. 1903. Pp. xviii, 449.) 

Though some might question the propriety of calling the millennium 
which ends with the nineteenth century the middle ages of so long a his- 
tory as that of India, there can be no doubt of its convenience as an 
easily defined period for treatment in an historical series. Professor 
Lane-Poole would probably be among the first to concede that the roman- 
tic adventure of Mohammed Kasim in Sind was no real beginning of 
Islam either as cult or government in India. Mohammedan rule was not 
effectively established there until three centuries later, and then only 
slowly and in part. As a prelude, however, suggestive alike of Arab 
daring and defects, this raid is properly enough a portion of the story of 
Mohammedan India. The first book of the three into which this volume 
is divided concludes with an account of the successive onslaughts from 
Afghanistan during the eleventh and twelfth centuries, and the ultimate 
conquest of the Ganges basin ; the hundred pages of Book II. are de- 
voted to the various dynasties ruling from Delhi as their capital during 
three centuries ; while the remainder of the volume, more than half, de- 
scribes the Mogul Empire. For the purposes of an historical sketch 
designed for general reading this grouping is highly satisfactory. It em- 
phasizes adequately the successive stages in a long process of subjection 
and imperfect assimilation, leaving out of view a multitude of minor 
occurrences, but making clear the great personages whose achievements 
and characters fashioned the course of events. 

Like most students of oriental history, the author ■ — - who is in the very 
first rank of these — frankly estimates the account of this period as 
" necessarily more a chronicle of kings and courts and conquests than of 

140 Reviczvs of Books 

organic or national growth." It is preeminently the view of Asiatics 
themselves, who have of course been the furnishers of most of our sources 
on their own history. But it may yet be found as true of Asia as of 
Europe that outside of or, rather, behind the wars and vanities, the traits 
and ceremonies of the leaders, a society is apt to be directed in the long 
run by habits and desires of its own. These may not attain definite institu- 
tional shape, yet they are factors of growth quite apart from the element 
of individual caprice. The appearance of Mamelukes and slave kings in 
Egypt as in Hindustan is an instance of the working of an institution, 
not of an accident. In societies which are ever demanding chiefs who 
control, the slave system in the east tends to produce great men. As the 
author observes in his study of Saladin, " a slave is often held to be bet- 
ter than a son. The great slave vassals of the Seljuks were as proud and 
honorable as any bastards of Mediaeval aristocracy ; and when they in 
turn assumed kingly powers they inherited and transmitted to their line- 
age the high traditions of their former lords." Other examples might 
be adduced. 

It is, nevertheless, as a portrayer of the individual that Professor 
Lane-Poole succeeds best in this as in some of his other books. He is 
the master of an excellent English style, and has strong human sympa- 
thies and an eye for the picturesque combined with full knowledge of his 
subject. There need be no disparagement in adding that this knowledge 
was presumably complete enough for him to construct a book like this 
almost offhand. To one of his scholarship, whose monographs on Baber 
and Aurangzib in Hunter's " Indian Empire Series" have exhibited also 
a good perception of historical method, fresh and special studies for such 
a work would be even excessive. But the result — whatever the prepara- 
tion — is one of the most graphic, trustworthy, and best sustained vol- 
umes in this long and generally creditable popular series. In such 
sketches as those of Balban, Ala-ad-din, or the terrible Taghlak, in the 
earlier portion of the book, the typical Asiatic war-lord and executioner 
is painted with rare appreciation and vigor, while each of the Great 
Moguls is given space sufficient for us to realize in what the glory of that 
extraordinary half-dozen consisted. The author is singularly lenient 
with some matters usually condemned, such as Mohammed Taghlak' s 
wild experiment with his brass tokens ; possibly his numismatic learning 
may account for this as for the numerous coins portrayed throughout these 
pages ; but we should have expected him to deal more severely than he 
does with the drunken Jahangir and the religious vagaries of Akbar. The 
numerous illustrations, mainly from architectural photographs, add appre- 
ciably to the value of a most readable book. 

Frederick Wells Williams. 

Barry: TJie Papal Monarchy 141 

The Papal Monarchy, from St. Gregory the Great to Boniface } 7 III. 
( S90-7303.) [The Story of the Nations.] By William 
Barry, D.D. (New York : G. P. Putnam's Sons ; London : 
T. Fisher Unwin. 1902. Pp. xxii, 435.) 

As indicated by the title and the dates, this work aims to emphasize 
one great phase of the history of the Christian church, the papal monarchy 
succeeding the Roman Empire and becoming for two thousand years the 
teacher and guide of barbarous and dismembered Europe, and forming a 
Christendom. It is that portion of church history when the papacy in 
addition to its original and necessary attributes assumed, and to a con- 
siderable extent maintained a temporal overlordship in western Europe. 
This began in some sort with Gregory the Great, and with the defeat of 
Boniface VIII. by the new national power in France the " temporal 
power, in this magnificent application of the word, has passed away. ' ' 
Setting forth in the first two chapters with considerable clearness and 
force the beginnings of papal history and the scope and purpose of the 
book, the author does not fail in many places thereafter to point and 
emphasize his theme ; his knowledge of church history through the best 
authorities is abundantly apparent ; and a general air of scholarly fairness 
and reserve is found throughout. Despite this the book as a whole is 
unsatisfactory ; it tends to confusion. For a person with small previous 
knowledge of European history it would be of little value ; for one who 
has the knowledge there are some valuable hints and interesting points 
of view, but large portions of the work are of no value whatever. The 
detail and complexity of papal history, the necessity which the author 
feels himself under of at least naming every pope and saying a few words 
about him, the vast number of matters in the history of various European 
countries that have to be mentioned without possibility of full explana- 
tion — these difficulties prove too much for his powers of condensation, 
selection, and emphasis. The book strongly illustrates the impossibility 
of a successful treatment of papal history apart from the general history 
of Europe, especially that of the Empire. A work like this has to take 
a knowledge of such history for granted ; and if a person has that knowl- 
edge, he knows inevitably nearly everything that this book has to teach, 
and he has acquired it in a more natural way ; he has escaped a deal of 
useless detail, has learned the great facts of papal history in their proper 
relations, and hence has a truer, more vivid, and more abiding concep- 
tion of them. 

The author is constantly emphasizing the fact that the Reformation 
and Protestantism stand for ideas and tendencies present in Europe in 
varying degrees all through the middle ages : Becket for England and St. 
Francis for Europe in general are regarded as delaying the Reformation 
for three centuries (pp. 277 and 313-314) ; the Constitutions of Claren- 
don are likened to Henry VIII. 's antipapal legislation (p. 272) ; Gerbert 
of Rheims was "a Protestant and Reformer, some centuries too soon " 
(P- J 75)- 

142 Reviews of Books 

In matters outside of church history there are many errors and mis- 
judgments : Philip of Swabia is spoken of as " usurping his nephew's in- 
heritance " (p. 290) ; the rights of Magna Carta come " down from old 
Teutonic customs and precedents" (p. 319) ; Simon de Montfort "laid 
the foundations of a free English Parliament" (p. 352) ; "It was a 
principle of Magna Charta that the crown could not raise taxes without 
the consent of Parliament " (p. 398). A. B. White. 

The Cambridge Modern History. Planned by Lord Acton, LL.D. 
Edited by A. W. Ward, G. W. Prothero, Stanley Leathes. 
In twelve volumes. Volume I. The Renaissance. (New 
York: The Macmillan Co. 1902. Pp. xxx, 807.) 
The first volume of the Cambridge Modern History was awaited with 
much interest, and has been accepted on all sides with evidences of high 
appreciation. It is truly a work of great compass and erudition. Six 
hundred and ninety-two pages of text, the contributions in many instances 
of men of international reputation and acknowledged merit, supple- 
mented with one hundred pages of classified bibliography, are a notable 
addition to the literature of the Renaissance. We shall be willing to 
admit, at the outset, that the work has been carefully and accurately done. 
The most unfavorable judgment that oould be rendered would still pro- 
nounce it an extensive and valuable collection of material for the better 
understanding of the Renaissance period ; the most favorable view would 
regard it as a triumph of the art of cooperative historical writing. 

The first instalment of the Cambridge Modern History comes to hand 
at a time when much interest is being felt in this subject of cooperative 
writing ; when the results of several enterprises in the past have left the 
impression that success has yet to be achieved, and the announcements 
of various projects for the future have given notice that the effort is to be 
continued under more promising conditions. The editors, in their pref- 
ace, and Dr. Creighton, in the introductory chapter, have frankly set 
forth the dangers and advantages of the cooperative plan. On the one 
hand, the difficulty of bringing the individual contributors into a scheme 
of harmonious development, and of preserving a just proportion in the 
arrangement of the several parts, together with the dangers of omission 
and of duplication, are serious obstacles to be overcome. Against this 
we have the manifest advantages of a subdivision of labor, with all that 
this implies, the enthusiasm of specialists, their accuracy, and a certain 
freshness of style and vigor of touch which comes from an intimate ac- 
quaintance with the facts at the outset of the enterprise. 

The question arises, how far have the editors succeeded in over- 
coming the difficulties which have been enumerated? That they have 
secured many if not all of the advantages claimed for the system is evi- 
dent. The editors modestly avow their belief "that the present work 
may, without presumption, aim higher than its predecessors, and may 
seek to be something more than a useful compilation or than a standard 
work of reference," that it may be "a narrative which is not a mere 

The Cambridge Modern History, I. 143 

string of episodes, but display a continuous development." Such a con- 
summation would imply, no doubt, the arrival at the point proposed by 
the cooperative plan. It could be achieved only by a triumph of editor- 
ship, such a control and disposition of the cooperating forces as would 
ensure the welding of the component parts into a complete and har- 
monious whole. That this has been accomplished we may be permitted 
to doubt ; that a substantial step has been taken in the direction of the 
realization of the ideal may be admitted. In many earlier series 'the 
function of the editorial body has been limited to the selection of con- 
tributors, a formal apportionment of the work, and a general censorial 
supervision. The success of cooperative editing, if it shall ever become 
an unqualified success, demands something more than this. It demands 
an editorial activity of the most positive sort, a central power to whose 
judgment the contributors shall yield, not in questions of historical fact, 
but on all points relating to the disposition and correlation of material. 
Such editors, it is hardly necessary to say, are rare. The late Lord 
Acton, by whom the plan of the Cambridge Modern History was "con- 
ceived and mapped out," was, by all accounts, such a man. His 
untimely death, before the task of weaving the several threads of narra- 
tive into the fabric he had designed had been fairly begun, was a serious 
blow, and has left us without means to arrive at a knowledge of the 
measure of perfection to which the project, in his hands, might have 
been brought. That his successors have attained to so high a point of 
success, in what must have been in many respects an ungrateful task, 
speaks highly for their editorial ability. 

In measuring the advance that has been made by the Cambridge 
volume along the line of cooperative editing, we naturally turn to insti- 
tute a comparison with two other great series which have attempted to 
deal in a somewhat similar manner with periods of history more or less 
parallel. These are the " Oncken # series," generally so designated, and 
the Histoire Generate. Of the three sets the Cambridge Modern History 
is by far the most comprehensive. In the Oncken series the whole sub- 
ject of the Renaissance was assigned to a well-known authority, Ludwig 
Geiger ; in the Histoire Generate, where the division of labor more 
nearly approaches the method of the Cambridge series, the list of con- 
tributors includes men whose interest in the main subject is well recog- 
nized, as, for example, M. Gebhart, and in the domain of art, MM. 
Michel and Lavoix. It is a curious fact that of all the contributors to 
the volume under examination not one has ever been especially associated 
with the subject of the Renaissance, if we except Mr. Horatio Brown, 
who is a recognized authority on Venetian history. If it were the pur- 
pose of the projectors to prepare a collection of monographs with a view 
of supplementing our knowledge of the Renaissance, this selection of 
contributors might prove to be a positive advantage, importing into the 
accumulated discussion of the subject a certain freshness of view, which 
would afford an acceptable enlargement of the conventional treatment 
of the subject. In a history of the Renaissance, however, intended to 

1 44 Reviews of Books 

be complete in itself, and committed to a scheme of "continuous de- 
velopment," the method is, perhaps, open to criticism. 

The work of Ludwig Geiger differs from the present volume in other 
vital respects. It includes a discussion of the art of the Renaissance, as, 
indeed, does the Histoire Generale; but it is of additional value from 
the fact that it is abundantly furnished with illustrations, selected in ac- 
cordance with the severest canons that govern the illustration of historical 
books. The editors of the Cambridge series stopped short of this, re- 
garding it as an extension of the scope of the work, "which considera- 
tions of space compel us to renounce." It is, to say the least, a misfor- 
tune that such considerations compelled them to forego the advantage 
which might have been conserved by the use of maps. It seems late in 
the day for a great work of general interest to deprive its readers of those 
additional means of acquiring information that recent invention has 
made so easily available. Those who use the Cambridge series — and 
they are likely to be many — will regret that a moderate amount of illus- 
tration was not provided for by a curtailment of an immoderate amount 
of political information. 

If we compare the text of the Cambridge Renaissance with the text 
devoted to the same period in the Histoire Generale, it will be evident 
that the former excels greatly in the volume of its facts, the latter in the 
coordination of facts and in the suggestiveness of its conclusions. In the 
Cambridge volume a conscientious effort has been made to collect, under 
the topics treated, all the important facts that are at hand. The Histoire 
Generale is more economical and more discriminating in its selection, 
while the individuality of the contributor's point of view and the ripe- 
ness of his judgment are particularly grateful to the student. Indeed, it 
seems the habit of the Cambridge book, a habit which it possesses in 
common with many German historical works, to collect and present the 
facts, permitting the reader to dr^w his own generalizations. The 
French, on the other hand, coordinate the facts, evolve the general idea, 
which they illustrate with selected instances. Both methods have their 
merits, and the selection of one or the other will depend upon the class 
of readers for whose benefit the work is planned. 

The arrangement of topics in the Cambridge volume is likely to ex- 
cite surprise and elicit a variety of opinions. The editors assert that 
they are not to be tied by the necessities of chronological sequence. 
No objection can be urged against this determination, provided that the 
chronological arrangement gives way to something more useful. The 
usual method of presenting the subject in books on the Renaissance has 
been somewhat as follows : first, a general review of the political and 
social conditions of the times ; second, the development of what might 
be termed the spirit of the Renaissance, usually defined in periods of 
progression ; third, the application of this spirit of the Renaissance to 
the problems and affairs of human life and activity. This is the course 
which, in a general way, has been pursued by Symonds, Burckhardt, and 
Villari. It has no special sanction otherwise, and might be set aside at 

The Cambridge Modern History, I. 145 

any time for something better. The Cambridge editors have established 
a new arrangement. On opening the book the reader is surprised to find 
Chapters I. and II. devoted respectively to "The Age of Discovery" 
and "The New World," narrating events which took place at a time 
when, according to the conventional view of the period, the Renaissance 
was drawing to a close. Putting chronology aside, it is difficult to con- 
ceive of any method of topical treatment that justifies the location, in 
advance of a discussion of the manner in which the Renaissance spirit 
arose and became influential, of events that must be regarded as a product 
of this spirit. 

The proportions of the work differ materially from other histories of the 
Renaissance in the relatively large space given to political history, four- 
teen out of the nineteen chapters of the book. Of the remaining chapters, 
Chapter XVI., " The Classical Renaissance," by Professor Jebb ; Chapter 
XVII., "The Christian Renaissance," by Dr. M. R. James; and Chapter 
XVIII., " Catholic Europe," by Dr. William Barry, in all 120 pages, 
cover that portion of the work which might be described as treating of 
the rise and progress of the spirit of the Renaissance. . Chapter XV., 
by Dr. Cunningham, is devoted to " Economic Change," and Chapter 
XIX., by Mr. Lea, is entitled "The Eve of the Reformation." This 
overweighting on the side of political history, to the detriment of the 
intellectual, the social, and the economic, is accounted for by the editors 
in the statement that the " first volume is not merely intended to describe 
and discuss the Renaissance . . . but is also designed as an introductory 
volume, whose business it is, as it were, to bring upon the stage the 
nations, forces, and interests which will bear the chief parts in the action " 
(/. e. of the series at large). It may be doubted, however, if this sad 
necessity wholly accounts for the disproportion. Much might be at- 
tributed to the insatiable thirst for political facts that is characteristic of 
the gentlemen in charge of the enterprise, and to their indifference to the 
more succulent parts of the story of mankind — predilections which have 
been shown more than once in recent English historical publications, 
notably in the arid stretches of the " Periods of European History." 

The subject of proportion leads to the final query as to whether 
the volume fairly represents the whole range of interests associated with 
the Renaissance. " Politics, economics, and social life" are indicated 
as the chief concern of the series ; art and literature are consciously rele- 
gated to separate and special works. The reader will soon find, how- 
ever, that politics has really succeeded in crowding his associates from 
the tent. Economics, as represented in a chapter of fifty pages, has the 
advantage of an exceptionally able interpreter in Dr. Cunningham. So 
far as social history is concerned, no special chapters are devoted to the 
subject. It is woven, to be sure a meager thread, throughout the chapters 
on Italy and Spain : a few pages in Mr. Armstrong's chapter on " Flor- 
ence : Savonarola " (V. ) ; a brief mention of the life of the people in Dr. 
Brown's "Venice" (VIII.), in Mr. Burd's "Florence: Machiavelli " 
(VI. ), in Dr. Garnett's " Rome and the Temporal Power " (VII.), and 



1 46 Reviews of Books 

in Professor Tout's " Germany and the Empire " (IX. ) ; in Mr. Leathes's 
"France" (XII.), and in Dr. Ward's "The Netherlands" (XIII.) 
something more. Any effort to depict the life and sentiments of the 
Italian middle class, such as suggested by Burckhardt in his use of 
Alberti's Trattato del Governo (fella Famiglia, so important for correct- 
ing our estimate of Renaissance morality, is wholly wanting. In his 
" Germany and the Empire " Professor Tout devotes a page (299) to the 
classes of society in Germany, but his main interest is in the effort for 
the reform of the imperial administration, which is especially well set 

It would be easy to suggest the addition of special chapters the 
absence of which is a serious limitation. A chapter on the art of war, 
describing the Condottieri, the rise of the Swiss infantry, the organiza- 
tion of the Lansquenets, the superiority of the Spanish armament, and 
the suggestions of Machiavelli for the organization of a Florentine militia, 
would have been in order. More important still would be a chapter on 
education in the Renaissance. Professor Jebb in Chapter XVI. has spoken 
briefly of Vittorino da Feltre and Guarino ; but the development of a pop- 
ular educational system in Germany, to which Janssen has so forcibly 
called our attention, has no representation, although abundant material 
is at hand in the Epistolce Obscurorum Virorwn (to mention one source), 
for the universities, and in the student autobiographies of the period, for 
the public schools. 

The religious side of the Renaissance is well provided for. Dr. 
Barry, whose Papal Monarchy has been so well received, was a happy 
selection. In his chapter on " Catholic Europe " (XVIII.) he discusses 
the attitude of the Church toward the humanistic movement. It is a 
harbinger of the golden age of historical writing when we discover theo- 
logical lions and lambs lying down together with impunity. Mr. Lea 
follows, and brings the book to a conclusion with a chapter entitled "The 
Eve of the Reformation" (XIX.). Mr. Lea's chapter, although filled 
with the results of that scholarly research which has won for the author 
first place in the ranks of living American historians, is disappointing to 
the student of the Renaissance. It is primarily concerned with the 
organization of the sixteenth-century church, and only incidentally with 
the attitude of the humanists toward the religious questions of the day. 
Of the forty pages which make up the chapter thirty are devoted to the 
evils of the Church. Of the value of this description opinions will differ. 
No one will doubt the accuracy of Mr. Lea's fact*, but many will be in- 
clined to question the correctness of the impression which the disposi- 
tion of these facts produces upon the reader. The lurid picture of the 
vices of the papal court leaves it to be inferred that these vices were 
something inseparably connected with the clerical garb, and not the 
equally common attribute of all persons whose social eminence gave them 
the opportunity for indulgence. There is nothing here that suggests the 
opinion of Nicholas de Clemanges, himself a sharp critic of the abuses of 
the Church, when he remarks that, while there is much to condemn in 

Lavisse: Histoire de France, V. 147 

the papal court, yet, having a fair experience of many temporal courts, 
he can say that the papal court is the cleanest he has ever Seen. 

Merkick Whitcomb. 

Histoire de 'France depuis les Origines jusqu' a la Revolution. (Pub- 
liee sous la Direction de M. Ernest Lavisse.) Tome V. Les 
Guerres d'ltalie. La France sous Charles VIII, Louis XII et 
Francois I"' (1492-1547). Par Henry Lemonnier, Professeur 
a l'Universite de Paris. (Paris : Hachette et Cie. 1903. Pp.394.) 
M. Lemonnier has had a formidable task in writing the history of 
the reign of Louis XII. and Francis I., for aside from the complexity of 
the period, there are other real difficulties. Natures like that of Francis 
I., of Louise of Savoy, of Marguerite d'Angouleme, of the constable 
Bourbon are not easily estimated ; the psychological element is large, the 
personal equation a very variable one. Then again, the difficulties at- 
tending a knowledge of the sources is great. One may reasonably hope 
to consult almost all the sources pertaining to most medieval themes. But 
it is not so with reference to a subject in a modern epoch, for the mass 
of materials is too voluminous. And in the history of the sixteenth cen- 
tury this difficulty is enhanced in two particulars. In the first place, the 
sources of the period are widely dispersed. Little care was then taken in 
France to preserve records, save in the case of the registers of the parle- 
ments. Each minister of state, each ambassador or other official guarded 
his own correspondence and disposed of it as he chose. Thus L'Aubes- 
pine, the bishop of Limoges, who was Catherine de Medici's ambassador 
to the court of Philip II., carried the correspondence of his office with 
him from point to point, and when the Spanish king returned to Spain 
in 1559 all these documents were lost by shipwreck. It was the admin- 
istration of Richelieu which inaugurated the change by which documents 
of state and the doubles of correspondence were preserved in various 
depots. The mass of materials comprised in the Fonds francais of the 
Bibliotheque Nationale and at the Archives Nationales, and the Collec- 
tion Godefroy in the Bibliotheque de l'lnstitut has reduced the difficul- 
ties of the historian of the sixteenth century to a great degree. Yet it 
still remains true that, more than in almost any other period, the sources 
of the history of France in this period are scattered. Aside from the 
familiar seats of research in France and other countries, foreign archives 
more remote require to be visited. In Cracow are unpublished materials 
pertaining to Henry of Anjou's short and absurd reign as king of Poland ; 
and nearer home, the archives in Besancon and the manuscripts in the 
Musee Conde at Chantilly must not be overlooked. 

Still another embarrassment arises from the unsettled form of the 
language. The French language experienced a great expansion at this 
time, owing to the influence of the Renaissance, while as yet there were 
few settled rules of orthography. Moreover, it was exposed to an invasion 
of foreign words, especially Italian and Spanish, in consequence of which 
influences the historian of the sixteenth century cannot read the sources 

1 48 Reviews of Books 

of the period with that readiness which is possible of the documents of 
the seventeenth. 

It goes without saying that so careful a scholar as M. Lemonnier has 
overcome these difficulties. But one remains, the failure to avoid which 
is no fault of his. The length and importance of the period from 1492 
to 1547 makes it impossible adequately to treat its history within the 
compass of a single volume. In other words, the subject suffers from 
limitations of space. This volume is an essence du travail, the result of 
careful study of the many monographs that have been written upon 
various phases of the epoch, the whole illuminated by discriminating 
personal judgments. The work will probably remain for some time to 
come the authoritative history of Francis I. But every possessor of the 
volume will do well to have bound with it, if not otherwise preserved, 
the pages of the admirable bibliographical study of the reign of Francis 
I. by V-L. Bourilly, published in the May and June numbers of the 
Revue a" ' Histoire Moderne et Contemporaine. 

M. Lemonnier' s studies as a professor of art seem to have had a 
happy influence over his pen. He has the French gift of generalization 
and illustration — for example, the comparison of Genoa in 1500 with 
Poland in the eighteenth century ; and he has also an incisive way of 
portraying men. Of Cardinal d'Amboise he caustically observes, " Ce 
personnage reste encore aujourd'hui plus celebre que connu " (p. 42). 
Elsewhere he dilates upon the cardinal thus: " Sa politique fut mal 
inspiree ; fausse dans son principe, mal agencee dans les combinaisons 
qu'elle mit en oeuvre. Tout au plus peut-on dire qu'il y deploya une 
extraordinaire faciiite a varier ses moyens d'action. Sa grande force fut 
sans doute dans le prestige dont il jouissait, et son merite dans une 
certaine confiance en lui-meme, qui lui donnait cette qualite, supreme 
reparatrice des fautes, la decision." The concluding sentence of a 
paragraph upon Anne of Brittany is, " Ni comme femme, ni corame 
reine, cette excellente Bretonne et mauvaise Francaise ne merite les 
eloges qu'on a repetes sur son compte " (p. 46). 

The two character-sketches that excel all others are those of Louis 
XII. and Francis I. (pp. 41-42 ; 188-197). Every student of French 
history will hope that M. Lemonnier has succeeded in destroying the 
myth that Louis XII. was either a good or a great king. His stupid 
duplicity in 1500, his blundering diplomacy in 1503, his terrible cruelty 
in war always, and the shameless method in which he pursued the annul- 
ment of his marriage with Jeanne of France constitute a dingy halo 
indeed. It is well said that "on juge combien il etait gros de scan- 
dales, au milieu du scandale meme de ce proces, qui mettait en cause la 
mcmoire d'un roi et la dignite de toute la famille royale. L' information 
se poursuivit avec une regularite exterieure de procedure, qui est bien un 
trait de l'epoque et qui ajoute encore a l'hypocrisie de l'acte " (p. 44). 
One wishes that the author had enlarged more upon certain particulars 
of Louis XII.' s reign, giving less space to the exploits of a decadent 
chivalry, especially since " tous ces exploits servaient de peu " (p. 62). 

Blair and Robertson : The Philippine Islands 1 49 

M. Lemonnier fails to emphasize sufficiently the point that Louis XII. 's 
policy at the council of Bologna was due more to his determination to 
abase the horns of the pope than to zeal for reform. Again, the pecu- 
liar autonomy enjoyed by Burgundy and Brittany practically forced a 
moderate provincial policy upon the king, but the influence exercised by 
this fact is unnoticed. The reviewer, at least, cannot help regretting 
these lacunae in the face of what seems to be an undue amount of mili- 
tary narration. One is prepared to admit the military genius of Gaston 
de Foix, as so admirably set forth (pp. 98-104), but the account of 
Bayard's prowess in duels and other feats of arms might safely have been 
left to the pages of Le Loyal Scrviteur. 

Some of M. Lemonnier's judgments have a piercing keenness, as when 
he says of Ludovico Sforza : " Les Italiens du XVP siecle ont eu pour 
sa politique un respect incroyable ; preuve de plus que le condottierisme 
etait au fond de l'ame italienne " (p. n). Others are likely to be 
challenged by his readers, notably his conviction of the poverty of Italian 
political conceptions — " notre Europe politique ou sociale n'est en rien 
sortie de la" (p. 12) — and the view that Julius II. inaugurated noth- 
ing (pp. 1 11-112). 

The bibliographies appended to each chapter are, as usual, excellent. 
But one doubts if the volumes of the Calendar of State Papers edited by 
Bergenroth and Dr. Brewer have been actually consulted in the composi- 
tion of this work ; for the evidence of Ferdinand the Catholic's own 
correspondence belies the statement on page 72 that Queen Isabella of her 
own will left the government of Castile to Ferdinand, to the detriment 
of her daughter Juana and her son-in-law, Philip of Burgundy. 

James Westfall Thompson. 

The Philippine Islands, r^pj—iSoj. Translations from contempora- 
neous books and manuscripts. Edited and annotated by Emma 
Helen Blair and James Alexander Robertson, with histor- 
ical introduction and additional notes by Edward Gaylord 
Bourne. Vol. I., 1493-1 529 ; Vol. II., 1 529-1 569 ; Vol. III., 
1569-1576 ; Vol. IV., 1576-1581 ; Vol. V, 1582-15S3. To 
be complete in fifty-five volumes. (Cleveland : The Arthur H. 
Clark Company. 1903. Pp. 6-358 ; 4-335 ; 8-316 ; 6-317 ; 

Five volumes have now appeared of this, the most important and 
extensive undertaking ever made in Philippine history. Volume I. is 
chiefly occupied, besides the notable historical introductipn of Professor 
Bourne, covering some ninety pages, with documents relating to the 
famous "Demarcation Line" by which Pope Alexander VI. sought to 
divide the world between Portugal and Spain. Though entirely per- 
tinent (the desire to reach spice islands by a western route led to Magel- 
lan's famous voyage of discovery), one feels that it was not strictly neces- 
sary to go so in detail into the documentary history of this never-settled 

150 Reviews of Books 

controversy. The remainder of this volume contains some documents 
relating to Magellan's voyage, of which the most valuable is the letter 
of Maximilianus Transylvanus, then a student in Spain, narrating the 
story of the voyage brought by its few survivors, the handful who really 
first circumnavigated the globe. Volume II. contains synopses of docu- 
ments pertaining to the unsuccessful voyages of Loaisa and Villalobos, and 
brings us into the real beginnings of Spanish-Philippine history with the 
account of the successful expedition of Legaspi, resulting in a permanent 
settlement at Cebu in 1565. It were to be wished that the editors had 
more diligently searched the archives for this period ; for the information 
to be gleaned from what they have presented to us, though considerable, 
especially in the letters of Legaspi to King Philip II., is all too meager. 
Volume III. gives us documentary accounts of the conquest of Manila 
and part of Luzon ; considerable about their people and the Chinese ; 
some further accounts of the trouble with the Portuguese, who claimed 
the Philippines as " within their demarcation " ; and hints as to the be- 
ginnings of missionary work by the friars and as to the earliest conflicts 
of authority and opinion between friars and lay authorities in the islands. 
In Volume IV. the matters of encomiendas for the Spanish conquerors 
and of the tribute to be paid by the natives are further threshed over, 
and the beginnings of Spain's vacillating policy of conquest among the 
Moros of the South Philippines are very adequately presented. In Volume 
V., dealing with the two years after the arrival of the first Philippine 
bishop, Domingo de Salazar — sometimes called "the las Casas of the 
Philippines" for his protests against enslaving the natives under the 
form of tribute or under the encomiendas — we are launched more fully into 
the conflict between civil and ecclesiastical authorities, a conflict which 
thereafter never ceased, except for brief spells, until the close of Spanish 
rule in the Philippines. Among the documents of Volume V. also is the 
" Relation " by Miguel de Loarca of the Philippine islands and people 
as thus far (up to 1582) conquered and known by the Spaniards. This 
is the most informative document yet produced in this series. It covers 
one hundred and fifty-five pages of old Spanish text and translation, side 
by side. 

By making the statement that this series will, when completed, con- 
stitute the most important as well as the most extensive work ever 
published in Philippine history, it is not meant to imply that the printed 
material at the disposal of the student of Philippine history is slight. 
The editors of this series found themselves confronted at the very outset 
with a vast amount of such material, which was the more confusing in 
that it was so ill-assorted and undigested. They set themselves the task 
not only of assorting this material, but also of selecting for the student 
and statesman the significant data to be gleaned from the archives, par- 
ticularly those of Seville, rich in Philippina. To choose out of this 
mass of printed and documentary sources the data of vital interest as 
bearing on Spanish colonial administration and as revealing the life and 
characteristics of the millions of Malays with whom we now have to deal, 

Blah' and Robertson : The Philippine Islands i 5 1 

and "whom we must understand if we would do them justice," is 
indeed, as Professor Bourne says in the introduction, " an undertaking 
large in its possibilities for the public good." The printed sources are 
almost wholly in Spanish, and not readily available even to him who 
reads that language, as most of the important works were issued in small 
editions and are rare and difficult to obtain. And he who examines 
these sources at all carefully will perceive that no real scholarly work, of 
the sort which the modern historical investigator deems worthy the name 
of scholarship, has ever been done in Philippine history, and will at once 
decide that the bulk of this work remains to be done among the manu- 
scripts to be brought to light in the Spanish colonial archives and else- 
where. These considerations will help us to understand how ambitious 
is the undertaking these editors have set for themselves in the very first 
half-decade of American occupation of the Philippines. Indeed, the 
conviction is forced upon us by an inspection of the prospectus and of 
the volumes thus far issued, that the editors themselves have not fully 
appreciated the magnitude of the task they set themselves. 

Right at the outset it is evident that they have been dependent upon 
the previously accepted authorities in Philippine history. This was 
inevitable, since there has not been time for that independent examina- 
tion of the material which alone could enable them to deal authoritatively 
with it. One may say that this is of less importance in a work which 
aims mainly at the republication of documentary sources, and not at the 
independent writing of history, with its statement of conclusions and 
decisions between conflicting data. Nevertheless, in such a field as that 
of Philippine history, interwoven from the first with a great controversy, 
viz., that over the predominance of the religious orders, it is vitally 
necessary that editorial work be based on an independently equipped 

It is not enough that there should be freedom from bias. These edi- 
tors assure us of their desire to preserve an impartial attitude as between 
the sides of a three-century-old conflict ; and there can be no doubt as 
to the honesty of their intentions in this respect. Nevertheless, they 
have, in the absence of an ability to judge independently as to the ma- 
terial which is most trustworthy and most significant for this work, been 
obliged to rely on existing authorities. Unfortunately for them, Philip- 
pine history has been written almost exclusively by friars or by writers 
with a pro-friar bias. A Jesuit would center Philippine history about the 
doings of his brotherhood; a Dominican would glorify his order at the 
expense of its rivals, until one must sift and compare and reconcile con- 
flicting statements to get at the real truth, while much that is highly sig- 
nificant has been omitted or glossed over. Moreover, a good portion of 
the unpublished sources of Philippine history is in the friar archives of 
Spain and the Philippines ; and it is the simple truth to say that it has 
not always been and is not now being handled with candor ; so that, 
with intentions unquestionably the best, the editors of this work have 
already been led to betray a pro-friar bias. This has inevitably come 

1 5 2 Reviews of Books 

about through their dependence on others in the selection of material for 
reproduction and through the lack of sufficient preparation to annotate 
the documents already published in a way that would enable the reader 
new to Philippina to judge of their relative worth and properly to esti- 
mate the data they present. 

It is regrettable that this criticism must be offered — all the more so, 
as the friar controversy is still being waged in this country ; and any ex- 
pression upon it always leads to the imputation of unfairness. It is all 
very well to say that the editor of such a work as this must not appear to 
know either side to a controversy, must, as nearly as possible, ignore its 
existence. But the friar controversy is writ so large all over Philippine 
history and has so distorted it in its written form, that one is simply 
compelled to take it into account at every stage. But one comprehen- 
sive piece of work has been done in this subject that was not open to the 
charge of a friar bias, viz., the three-volume history of Montero y Vidal, 
and that is a mere string of chronicles, with little pretension to scholarship. 

Evidently, large research in the archives of Philippina is necessary, 
if independent and satisfactory work is to be done. It is precisely that 
research in which the work here under discussion, at least in the volumes 
thus far issued, is deficient. There are rehearsed to us in these five vol- 
umes mainly the conventional documents referred to in histories written 
later on. Fortunately, there is plenty of time during the three or four 
years to come, while the succeeding volumes are appearing, to remedy 
this defect, to some extent at least. One should hesitate to express too 
harsh a judgment ; and yet we are practically limited to the volumes at 
hand for an opinion on the undertaking. Moreover, the prospectus for 
the later portions of the work shows many important omissions of docu- 
ments not to be obtained except by search outside of friar sources. 

If criticisms are to be offered on the editors' selection of material, 
there is, as hinted, not less criticism to be passed on the annotations, or 
lack of annotations. Herein particularly are the volumes thus far issued 
weak (in addition to minor mistakes caused by a too servile following of 
Retana and other often fallible authorities) ; and the student without 
other means of reaching judgments on the early period of Spanish rule 
would be subject to various errors as well as to much confusion. That 
the statements made in the foregoing few paragraphs have not been over- 
drawn is evidenced by these remarks in the preface to Volume V.: 

The coming (in 1581) of the zealous and intrepid bishop, Domingo 
de Salazar, was a red-letter day for the natives of the islands. The 
Spanish conquerors are ruthlessly oppressing the Indians, caring but little 
for the opposition made by the friars; but Salazar exerts as far as pos- 
sible, his ecclesiastical authority, and, besides, vigorously urges the king 
to shield these unfortunate victims of Spanish rapacity. Various humane 
laws are accordingly enacted for the protection of the natives, but of 
course this interference by the bishop occasions a bitter hostility between 
the ecclesiastical and the secular powers — perhaps never to be quieted. 

That Salazar was indeed zealous in behalf of the natives, and that 
the friars in the early days, the "heroic period" of missionary work, 

Blair and Robertson: The Philippine Islands 153 

were in general protectors as well as zealous mentors of the natives, is 
true ; but the inferences to be drawn by the uninformed from the above 
editorial statements are unwarranted. The controversy between secular 
and ecclesiastical authorities began before Salazar's arrival, and the friars 
were not' always in the right nor the lay conquerors always oppressors; 
instance the desire of the missionaries to abandon the toilsome labors of 
the Philippines for the more attractive and glorious field in China, as 
soon as they arrived at Manila from Mexico, and the check put upon this 
movement by the secular authorities. 

And what shall we say of Professor Bourne's introduction ? In many 
respects the most complete and scholarly monograph on Philippine his- 
tory yet published in English, and evincing diligent and quite extensive 
reading in the subject, it yet perfectly illustrates the danger of relying 
on the existing sources of authority. With Professor Bourne's estimate 
of the work of the friars in what he calls their "golden age," it would 
not be easy seriously to disagree. But when he charges the decline in 
purity of government, in economic progressiveness, and in industrial and 
social development in general, from 1700 onward, entirely upon the 
" inept bureaucracy " of Spain, and declares that the friars did what they 
could to remedy the mistakes of the civil administrators, he becomes a 
literal follower of the friar writers, belied as their statements are by the 
plain record of the past two centuries. The orders ruled in Spain and in 
the Philippines until forty years ago, and often thereafter, and they 
mapped out general policies and ruthlessly supervised details ; it is plain 
justice to hold them to responsibility for the results. 

Professor Bourne has done the Filipino people many injustices in his 
acceptance of pro-friar authorities, none other of them greater than his 
gratuitous fling at Jose Rizal, borrowed from the industrious but much- 
biased Philippine bibliographer W. E. Retana, who has repeatedly been 
taxed with being a hireling of the friars. Similar is his acceptance of 
the most careless statements made by recent writers about the state of the 
Filipinos as a " set of savages " at the time of Spanish conquest. 

One might wish that this series had been prefaced with documents 
bearing upon the state of pre-conquest Filipinos. Such documents as 
Loarca's relation (Volume V.) in part supply this defect. The first 
task the modern historian of these people must set himself is to ascertain 
the state of culture of these Malays at the coming of Magellan, as a basis 
for an estimate on the work of the conquerors, if for no broader reasons. 
For this purpose he must, as in the case of modern investigation into the 
state of prehistoric Mexican culture, needs go, in every way possible, 
beyond the careless statements of unscientific and prejudiced Spanish 
conquerors, lay or ecclesiastical. Here lies a most difficult but a most 
interesting piece of work for the modern investigator. Had Jose Rizal 
lived, there is hope that it would at least have been undertaken in a 
satisfactory way. 

As now planned, this series will end with the eighteenth century. 
It was thought that the sources for nineteenth-century Philippine history 

1 5 4 Reviews of Books 

are more readily accessible in printed form. This is true ; nevertheless 
a service would be performed by going outside the beaten track for the 
significant imprinted data bearing on this period, when events were 
shaping themselves for Spain's downfall, so remarkably predicted in 1859 
by the German traveler in the Philippines, Ferdinand Jagor. The work 
is being put forth in very suitable form, neatly and plainly bound, on 
deckle-edged paper, with gilt top. Bibliographic data are appended to 
each volume, and we are promised a final volume containing a full bib- 
liography and analytical index. The illustrations, reproductions of old 
paintings, facsimiles of documents and rare maps, have thus far been 
very satisfactory. That the editors of this work have launched it without 
time for sufficient preparation is the criticism to be made upon it ; and a 
serious criticism it is. But it could not fail to be a most valuable series, 
from every point of view, at this moment in our national history, and 
especially in view of the almost total lack of available publications on 
Philippine history in the English language. With every reasonable pros- 
pect for more and more effective editorial work in the succeeding vol- 
umes, it is to be said that the volumes already out seem to make the work 
one indispensable to every well-equipped reference library in the United 
States. James A. LeRoy. 

London in the Eighteenth Century. By Sir Walter Besant. (Lon- 
don : Adam and Charles Black ; New York : The Macmillan 
Company. 1903. Pp. xvii, 667.) 

It was the aim of the late Sir Walter Besant to do for the London of 
the nineteenth century what Stow in his classic Survey did for the six- 
teenth. To that end he planned a great cooperative work, in which he 
reserved to himself the task of writing a general history of the city. 
Though his share of the undertaking was practically completed before 
his death, it was thought best, for various reasons, to publish in the pres- 
ent volume only the portion relating to the eighteenth century. This 
history contains the ripest fruits of Sir Walter's labors: indeed, we are 
told that he " was wont to refer to it as his magnum opus, and it was the 
work by which he most desired to be remembered by posterity." To 
attempt in a brief review to give an adequate idea of the wealth of in- 
formation contained in the stately quarto now before us would result in 
a "mere aggregate of bewildered jottings." Consequently it will be 
necessary to restrict ourselves to a bare indication of the classes of sub- 
jects treated and to a few references to some of the more striking facts 
and conclusions. 

Besant had already shown in his Chaplain of the Fleet and All Sorts 
and Conditions of Men that he knew and loved his London as few men 
have known and loved it. For over thirty years he was engaged in 
reading and taking notes on the social side of London life, not only in 
the present but in the past. The results of this patient accumulation are 
grouped and presented in this posthumous work with the practiced nov- 
elist's eye for picturesque effect, though the general symmetry is marred 

Besant: London in the Eighteenth Century 155 

here and there by repetitions and incongruous heapings of irrelevant 
facts. Moreover, though the book on the whole appears to be trust- 
worthy, as well as intensely interesting, one should not look here for a 
cautious and critical sifting of material and a precise gaging of sources 
of information. The author's methods are not those of the trained his- 
torian, and he frankly disarms criticism in this respect. " If it were re- 
quired," he says, "to name authorities for any statement advanced, or 
to give reasons for any conclusions, I could not probably do so, since 
the authority would lie hidden in some obscure history or some long- 
forgotten tedious novel." The following example will illustrate the oc- 
casional ingenuousness of his historical method. After telling a curious 
story of how the Spanish and Portuguese Jews burned their valuable library 
in Bevis Marks (p. 194), he adds : " I give the story as it is related in 
the Gentlemen' s Magazine. I confess that the thing itself, as it is re- 
lated, seems to me to be incredible." In the preface (p. x) he gives a 
list of his chief authorities. Dates and places of publication are not indi- 
cated, but this omission is not so serious, since there are almost no 
specific page references cited in the body of the text. 

The first section of the work is devoted to a series of "historical 
notes," a selection of twenty characteristic episodes in the history of 
eighteenth-century London, ranging from the Great Storm of 1703 to 
the Reform Bill of 1832. The author oversteps his chronological limits 
advisedly, very properly regarding the era of reform immediately preced- 
ing the Victorian age as more fitting than the year 1800 for a line of 
demarcation between the new century and the old. Having completed 
his brief and fragmentary but picturesque historical introductory sketch, 
he proceeds to his more especial work of reconstructing in a most minute 
and lifelike fashion the condition of London and the life of its people 
during the period in question. This exhaustive survey is arranged under 
six sections : the city and the streets ; church and chapel ; government 
and trade ; manners and customs ; society and amusements ; crime, 
police, justice, and debtor's prisons. Literature is not included, since 
that subject was to be reserved for a separate treatment. 

The city seems to have opposed the Crown in almost every point of 
public policy, in the American war and the war with France, in sup- 
porting Queen Caroline and in supporting Parliamentary reform. 
Nevertheless, the city's attitude counted for little, owing to its decline 
" in dignity, position, and influence." The system of government and 
administration is treated in some detail, and much light is thrown on the 
state of trade. From the chapter on trade unions it is evident that con- 
siderable discontent existed among the working classes. Likewise it is 
encouraging to learn that even a century ago masters and mistresses had 
no end of trouble with their domestics. The list of trades, banks, and 
newspapers (pp. 392-396) furnishes valuable data. 

In an age when religion was at a low ebb throughout the country, 
when upper classes were worldly and skeptical, when the lower classes 
were sunk in degrading vice, there seems to have been no little religious 

156 Reviews of Books 

feeling among the city middle class, and this was not confined to the 
dissenters alone. Certainly there was a very decided degree of out- 
ward observance, if we may judge from the frequency of church services, 
and the popularity of a certain type of theological literature. In strange 
contrast, the men drank deeply, while card-playing, even among women, 
was excessive : perhaps inevitable counter-irritants to the prevailing mo- 
notony. Some amusing extracts from the diary of one Thomas Turner 
(pp. 240-242) furnish an intimate introduction to the daily life of the 

There was no end of amusements for those who had the leisure and 
inclination to indulge in them — -amusements, however, which appar- 
ently appealed in general only to the two extremes of society. From 
May to October no fewer than eighty-two days were given over to fairs. 
In theory at least, holy days had ceased to be regarded by the sober 
tradesmen and merchants ; for, with the exception of Christmas and 
Easter Monday, craftsmen were entitled only to Sundays. This restric- 
tion, however, did not apply to public officials, who enjoyed as many as 
ten movable and forty-one fixed holidays. Moreover, the craftsmen were 
accustomed to take more than their allotted two days. November 17, 
the anniversary of Elizabeth's accession, was the occasion for anti papal 
demonstrations, while May 29, the day of the Restoration, was long 
celebrated. Theaters flourished : it is said there were twice as many in 
London as in Paris. In the city proper, however, there never was a stage, 
except possibly the inn-yard where Tarleton acted. 

It is a sharp transition from amusements, from coffee-houses and 
clubs, both of which latter, by the way, are admirably treated, to the 
somber topics of disease, poverty, and crime. The state of public health 
was appalling, most particularly in the case of infant mortality, it being 
estimated that over 50 per cent, of the children died under the age of 5 
years. Statistics are cited to show that of a population of 10,000,000 
in England and Wales there were 80,000 criminals and 1,040,716 ob- 
jects of parish relief. Begging and the desertion of children prevailed 
to a startling extent. Mendicants deliberately made capital of the most 
revolting deformities. The iniquities in the employment of juvenile 
chimney-sweeps were not only unchecked but unregarded till the famous 
report presented June 22, 18 17. The lot of the insane and of those 
treated as such was especially grievous. Numberless instances are cited 
of persons confined in private madhouses by those anxious to be rid of 
them. As if the condition of the public institutions was not bad enough, 
the poorer classes were accustomed to confine their unfortunate kinsmen 
in garrets and cellars, where, loaded with chains, they were left to un- 
speakable torments. The sad condition of poor debtors is well known, 
but in view of the ample and specific evidence presented in this volume 
we are made to realize more clearly and vividly than before the injustice 
and iniquity of the system. The author's remarks on prisons in gene- 
ral apply with particular cogency to this class. "The eighteenth cen- 
tury," he says, "has many terrible sights and shows: there is nothing 

Besant: London in the Eighteenth Century 157 

more terrible, more sickening, more heartrending, than the picture of its 
prisons ; than the thought of innocent girls and boys thrust into the 
whirlpool of hell which they pleasantly called a House of Correction or 
a House of Reformation." 

The lawlessness and disorder of the period call for especial mention. 
Leaving out of account the highway robberies and housebreakings, a 
matter of common knowledge, it is estimated that ^710,000 in petty 
thefts was disposed of each year in old rag and iron shops, of which there 
were 300 in 1796 ; and no less than ^500,000 was lost annually from 
unloading ships in the Thames. Violence and rioting had attained the 
most startling dimensions, and the mob on occasions when it got the bit 
in its teeth careered widely on its path of destruction. A celebrated 
example may be found in the Gordon riots so vividly described in the 
pages of the present book. There was no organized system of policing, 
the parish officers were as a rule venal and inefficient, and the soldiers 
were only called in as a last resort. Sporadic private efforts to keep 
order, such as the mug-house associations, were able to exercise only a 
temporary and limited restraint. Frightful penalties covered the pages 
of the statute-books, to be sure — capital punishments (a list is given p. 
519), transportation, and imprisonment, which in the then deplorable 
condition of the prisons was a form of punishment almost equally to be 
dreaded. Indeed the prevalence of jail-fever frequently meant ultimate 
death for the prisoner, and it was in fact so contagious that even judges, 
juries, and attendants at court were stricken down. It is often alleged 
that these excessive and often barbarous forms of punishment defeated 
their own ends. Doubtless there is much in this contention, but it is 
equally true and less generally, understood that much of the trouble was 
due to the difficulty of enforcing the laws. The inadequate police sys- 
tem, the corrupt judges, and the fear of the desperate and dangerous 
classes made it frequently impossible not only to secure arrests, but also 
to obtain convictions. The timid citizen often preferred to leave the 
discovery of crimes to paid informers. All sorts of injustice are evident 
in the administration of the laws. For instance, one Major Bernardi 
and certain others were imprisoned for a supposed share in a conspiracy 
to murder King William and, in spite of the Habeas Corpus Act of 1679, 
were without trial continued in prison by four successive acts of Parlia- 
ment under William III., Anne, George I., and George II. The terrible 
practice of peine forte et dure still existed, though the present account 
does not state that it was abolished in 1772. The ghastly revelry accom- 
panying Tyburn processions, abolished in 1783, are graphically described 
from a contemporary account. Apparently there were very few state exe- 
cutions in this century, only five persons being executed on Tower Hill. 

A few samples might be cited to illustrate the stores of miscellaneous 
information which the author has brought together. Much space is 
devoted to the condition of the London streets, which " were no cleaner ; 
. . . were as badly lighted ] . . . were as inefficiently guarded in 1744 
as in 1344." There is a picturesque and animated account of the river- 

158 Reviews of Books 

side and its population. Fishing in the river was still an occupation ; 
and, though bridges existed, boats were considerably employed for cross- 
ing. The extent of gambling and betting is proverbial; but it is per- 
haps not so generally known that from 1569 to 1826, first at intervals 
and then as an annual institution, government lotteries existed. Duel- 
ing was widely prevalent, indeed even clergymen fought, but contests 
were rarely fatal. There was at least one instance of wife-selling at 
Smithfield during the century, and the king's crower still crowed the 
hours on Good Friday night. 

A few errors remain to be noted. Occasionally when venturing into 
the field of general history the author is apt to commit himself to inade- 
quate or misleading generalizations, e. g. when he speaks of taxation 
without representation (p. 31). The Corporation Act was not repealed 
by George I. (p. 9). The peace of Paris is said to have been signed in 
x 7^7 (P- 33 )• The possible implication that Clarkson and Wilberforce 
were Quakers (p. 62) is obviously erroneous, though most of those 
associated with them in the effort to abolish the slave-trade were of that 
faith ; the act abolishing slavery in the colonies was passed in August, 
1833, not in 1834 (p. 62). Ludgate is said to mean a postern; but 
nothing is said to indicate that the hill got its name from the temple 
supposed to have been erected to Lud, the mythical British king, anciently 
regarded as the god of commerce (p. 99). Bishop Porteous's name is 
usually spelt Porteus (p. 163). The statement that the East India Com- 
pany was founded in the sixteenth century is apt to convey a misleading 
impression, since it did not receive a charter till 1600, and was only 
founded the year before (p. 213). It is said (p. 532) that prisoners on 
criminal charges were not allowed counsel till 1820 ; as a matter of fact 
they were not allowed the full benefits of counsel till the Prisoner's 
Counsel Act of 1836. A statement made by Strype in 1754 is referred 
to (p. 538), whereas he died in 1737. In the reference to the Court of 
Requests (p. 566) it would have made matters clearer to state that the 
body under that name was abolished by Statute 16 C. II. Occasional 
comments (<?. x r - PP- !3> J 7; x 8, 20) seem rather flat for such an ex- 
perienced writer. But these are all mere minor blemishes : the last word 
must be one of praise and gratitude for this valuable and interesting 
contribution. Arthur Lyon Cross. 

The Correspondence of the Colonial Governors of Rhode Island, 17 2 j— 
1773. Published by the National Society of the Colonial 
Dames of America in the State of Rhode Island and Providence 
Plantations. Edited by Gertrude Selwyn Kimball. (Boston 
and New York : Houghton, Mifflin, and Company. 1902, 1903. 
Two vols., pp. lxii, 434 ; xxvi, 498.) 

As it becomes more common to render the manuscript collections in 
American archives available in print, the need will be more apparent 
for a work which shall serve as a model in methods of detail. Without 
apparently in the least intending to supply such a model, the editor of 

Correspondence of Colonial Governors of Rhode Island 159 

this work might well be considered as having done so. So far as the 
period is concerned, she has set before herself a definite date, and, after 
securing from all imaginable sources the unpublished correspondence 
belonging in that period, has supplemented it, in an appendix to the 
second volume, by a list of such letters of the same period as are already 
in print in Mr. Bartlett's Colonial Records of Rhode Island. Not only 
are paper and type most carefully and intelligently chosen, but the work 
is equipped with an exhaustive topical index, useful in ways quite out of 
the common, as will be seen from a careful reading of the explanatory 
note prefixed to it ; an exceptionally workmanlike list of contents pre- 
fixed to each volume, in which the substance of each one of the 488 
letters is skilfully and lucidly minuted ; and even a " list of the terms of 
administration of the governors represented in this collection " appended 
to the editor's very scholarly introduction. Add to this the fact that 
judicious insight marks the not too numerous but very welcome annota- 
tions, and even the selection of the few but well-chosen portraits and 
other illustrations. Still more important is the fact that the reader's con- 
fidence is secured by the minute accuracy to be observed on every page, 
and also in the exact reproduction of the spelling and punctuation of the 
original, and even in the almost irreproachable proof-reading. Two 
exceptions only have been noted, where the type-setter's perversity was 
allowed to triumph. One was in printing McGrady for McCrady (II. 
172), which is after all not an eighteenth-century name, but a recent one. 
The other is in the passage from a letter of 1733 in the introduction (I. 
xiii), where an eccentricity of spelling just a shade beyond the high level 
of eccentricity found in these letter-writers gives us the spelling " Im- 
minitys." Even this word, when printed in its proper place, on p. 34 
of the same volume, agrees properly with the original manuscript. In 
few particulars has the judgment of the editor been more apparent than in 
the rendering of the various abbreviations, contractions, and signs (such 
as that indicating the double letter) found in the original ; and the work is 
disfigured by no such absurdities as ' ' Ye, ' ' standing for the definite article. 
Where the reader and student have been given so much that shows an 
enlightened desire on the editor's part to " put yourself in his place," it 
is perhaps illogical to ask for more ; and yet a brief key or guide to the 
system of rendering abbreviations, prefixed to the work, would have 
been a real boon, particularly as it is noticed that the character & in the 
original is here replaced by the word and. 

It has been thought better to direct attention to the editor's methods, 
as above, than to the subjects treated. Exhaustiveness is one of the 
qualities aimed at by the editor, as above indicated ; and where it is 
lacking, this is due to causes beyond the editor's control ] as, for instance, 
where the reader who queries why so late a date as 1723 should stand for 
the beginning of the work is informed that " the official correspondence 
of Rhode Island for" the first sixty-four years has "completely dis- 
appeared." It is an interesting fact also that so noteworthy an episode 
in colonial history as the Albany Congress of 1754 scarcely figures in 

1 60 Reviews of Books 

these pages, except indirectly. While one of the "parties" to the cor- 
respondence was the colonial governor (represented in this correspon- 
dence by eleven Rhode Island citizens, of distinctly forceful character- 
istics), the other party was usually though not invariably the "colonial 
agent" representing the colony at London. Only two persons filled 
this position for Rhode Island during this interesting but turbulent half- 
century, namely, Richard Partridge, till his death in 1759, and after- 
wards Joseph Sherwood. 

Perhaps not the least significant fact in connection with this very 
creditable instance of critical historical work is that it is undertaken by 
a Society of the Colonial Dames. In view of its striking excellence, it 
is natural to wish that it may prove an inspiration to like undertakings 
by branches of that society in other states ; and yet it is to be hoped 
that any such society will refrain from undertaking the enterprise unless 
it is able to place the work in the hands of a trained historical student, 
as in this case. William E. Foster. 

Historic Highways of America. By Archer Butler Hulbert. 

Vol. V. The Old Glade Road ; Vol. VI. Boone's Wilderness 

Road. (Cleveland: The Arthur H. Clark Co. 1903. Pp.205; 


Few writers in summing up the decentralizing tendencies among the 
American colonists have omitted from the category the effects of com- 
mercial competition. Evidence may be collected here and there of the 
strife between various neighboring seaports to secure the inland trade. 
The long-continued rivalry between Baltimore and Philadelphia had a 
larger counterpart in the struggle between the two provinces of Virginia 
and Pennsylvania to secure the trade which naturally accumulated about 
the head waters of the Ohio. The advantage which would have accrued 
to Virginia from the cutting of Braddock's road as a complement to the 
Potomac was destroyed by the disastrous termination of that expedition. 
But she would undoubtedly bend every energy to have the same route fol- 
lowed when another attempt should be made to dislodge the French from 
the Ohio. How Pennsylvania stepped in at a late hour, and through pres- 
sure brought to bear upon the generals in command carried the day 
against Virginia influence and even against Colonel Washington consti- 
tutes the main impression left upon the reader by the fifth volume of Mr. 
Hulbert's series on historic highways. 

The Old Glade road, commonly known as the Forbes or Bouquet 
route, has always had a place on the maps of the eastern states, but has 
been overshadowed by its southern parallel, the Cumberland or National 
Turnpike, which follows Braddock's road. From Lancaster, Pennsyl- 
vania, the Old Glade road passed through Carlisle, Bedford, and Ligo- 
nier to Pittsburg. In the latter city its memory is perpetuated by Forbes 
Avenue, one of the principal thoroughfares. It was supplemented at its 
eastern terminus by the Philadelphia and Lancaster highway. Its con- 
struction was due entirely to the determination of Forbes and Bouquet, 

Hulbert: Historic Highways of America 161 

the successors of Braddock in attempting to penetrate the west, to cut a 
new way across the highlands of Pennsylvania rather than to make the de- 
tour to the southward necessary to follow the old way along the river- 
bottoms. The author shows how the province of Pennsylvania, unwilling 
to cooperate with Virginia in making the Braddock expedition, was sud- 
denly aroused to great activity by the incursions of the Indians on her 
border after the defeat. She constructed a chain of forts along the east- 
ern base of the mountains and hurried militia to them. These and other 
activities were largely responsible for the decision of Forbes and Bou- 
quet to cut a new road through the state. Neither Forbes, who was a 
Scotchman, nor Bouquet, who was a Swiss, had any local interests to 
serve in choosing a route. Fach was disgusted with the bickering 
between Pennsylvania and Virginia. "The majority of these gentle- 
men do not know the difference between a party and an army," 
wrote Forbes to Bouquet. So clearly has the author brought out this 
intercolonial dissension over such a simple matter as the construction of 
a highway that the case will merit a mention hereafter in any study of 
the subject. 

The material for the volume is taken almost entirely from the official 
correspondence of Forbes and Bouquet, together with that of Sir John St. 
Clair, as preserved in the British Museum and in the British Public Record 
Office. Forbes was in command of the expedition, but was delayed by ill- 
ness, throwing the burden upon Bouquet. St. Clair was the quartermaster- 
general, the duties of whose office brought him face to face with the 
problem of road-making. The author does not exaggerate in saying that 
a highway through the woods was with Forbes as with Braddock the final 
test of the enterprise. Fort Duquesne could be captured with half the 
force if troops and supplies could be transported across the mountains. 
The immense labor involved in constructing the road may be gathered 
incidentally by extracts from the correspondence. From one point, it 
would require five hundred men five days to cut to the top of the moun- 
tain. " Send as many men as you can with digging tools, this is a most 
diabolical work, and whiskey must be had." Six hundred men cut the 
way over Laurel Hill in three days. Forbes declared that the slow ad- 
vance of the new road and the cause of it " touched him to the quick." 
The rains of autumn found the army too far from Duquesne to reach that 
point without wintering on the way. The expedition was saved, and the 
judgment of Forbes and Bouquet in choosing that way was upheld only 
by Bradstreet's destroying at Fort Frontenac the stores intended for Fort 
Duquesne. The evacuation of the latter saved the day. Pennsylvania 
now had the first continued highway to the Ohio, which she soon con- 
verted into the Pennsylvania Road, and later into the Chambersburg and 
Pittsburg Turnpike. The author demonstrates what few realize, that the 
Cumberland National Road owes its prestige to its national paternity, 
and that the Pennsylvania Road was patronized almost exclusively by the 
migrants who came from the New England states to people the region 
north of the Ohio. 


162 Reviews of Books 

Boone's Wilderness Road, which forms the subject of the sixth 
volume, was the result of the first trans-Alleghanian expansion, the mi- 
gration of the country people of Virginia and North Carolina to the val- 
leys of Kentucky and Tennessee. As in the preceding volumes, a map 
of the road is wanting. This would seem to be a prime requisite in 
planning the work. Strictly speaking, the road was formed on the head 
waters of the Tennessee River in what is now the extreme southwestern 
corner of the state of Virginia. It was fed by roads down the Shenan- 
doah Valley, and up the James River in Virginia, and up the Yadkin 
and down the New River in North Carolina. It collected all these into 
one great highway by passing through the narrow Cumberland Gap 
where the boundary lines of Virginia, North Carolina, and Kentucky now 
meet. Thence the way was clear to the blue-grass region and on to the 
Falls of the Ohio, now Louisville. The route had been traversed by 
Boone as early as 1771 and was blazed and cleared by a party under his 
leadership in 1775. It was made into a wagon road at a later time by 
the state of Kentucky, but owing to the rivalry of the Ohio River as a 
route to the west travel over it never assumed any magnitude. 

The difficult task of extending a single subject over such a long series, 
compelling the introduction of much extraneous matter to atone for the 
lack of pertinent material, is painfully manifest in this volume. The 
latter portion is taken up with a readable sketch of Western history during 
the Revolution, including the campaigns of Clark, Bird, and others but 
very slightly connected with the Wilderness Road. The first chapter of 
the book, entitled "The Pilgrims of the West," is admissible only as a 
description of the frontiersmen who demanded and constructed the road. 
A chronological perspective is not maintained at all times. Henderson's 
Transylvania Company is introduced on page 42 and again on page 88, 
many details being repeated. The marking of the road by Boone and 
the founding of Boonesborough are given in two distinct places in the 
book, with Walker's exploration, Gist's mission, and Dunmore's war 

One takes up this volume with the feeling that the author has left the 
realm of fancy which characterized the first two numbers in the series, 
and the military details which occupied the two succeeding ones, and 
has now entered upon the real history of the movement of the people ; 
for the Wilderness Road is essentially a popular highway. But the 
author confesses that he has little to give in the way of local information. 
" The writer has sought with some care to know more of these," he says, 
" of the modes of travel, the entertainment which was afforded along the 
road to men and beasts, and the several social relations of the greater 
settlements in Virginia and Kentucky to this thin line of human lives 
across the continent. Very little information has been secured." Is 
this disappointing conclusion due to the non-existence of such material? 
Would a systematic and prolonged search have produced more satisfactory 
results ? Evidently only two sources were drawn upon — the Filson Club 
of Louisville, Kentucky, and the Wisconsin Historical Society. A few 

Forte sate : A History of the British Army 1 6 


manuscript letters from the latter storehouse appear, but the mass of 
material has been printed, and is available in any library even to the cas- 
ual reader. The Wilderness Road coincided in its upper parts with the 
road leading to the settlements on the upper Tennessee. Might not a 
search of documents at Knoxville and Nashville supply such additional 
information as would make a real contribution to knowledge without 
detracting from the novelty and attractiveness which thus far characterize 
the series ? Edwin Erle Sparks. 

A History of the British Army. By The Honorable J. W. For- 
tescue. Second Part — from the close of the Seven Years' 
War to the second Peace of Paris. Vol. III., 1 763-1 793. 
(London : Macmillan and Company, Limited ; New York : 
The Macmillan Company. 1902. Pp. xxviii, 621.) 
This volume, carrying the history of the British army through the 
period of the American Revolution, might be very useful to the student 
of that war, were it not for its spirit of unfairness toward the American 
cause, which is shown at every opportunity. That the story of the Revo- 
lution can be written from the point of view of an English Tory without 
outraging the sympathies of a fair-minded American has been signally 
demonstrated by Lecky, while Trevelyan satisfies the unreasoning patriot- 
ism of the veriest Jingo. In this book we have an English historian 
writing in the spirit of Lord George Germain or poor old pensioned Dr. 

In the period between the close of the French and Indian War and 
the opening of the Revolution, he is more aware of the agitation than of 
its causes. It "is always a dangerous period," he writes suggestively, 
" when politicians and agitators, who have been long thrust to the wall by 
generals and admirals, return again to their places with louder voices and 
enhanced importance." Again and again the author puts emphasis upon 
the agitation, while ignoring or belittling the causes of it. A few quota- 
tions will best give the flavor of the book. It is the malicious spirit of 
the narrator which offends, rather than the fact, as in the following sen- 
tence : "The mob of Boston had long ago learned to meet any unpop- 
ular measure with lawless violence, and their Congregational ministers to 
search the Scriptures for their encouragement." Of the "Boston Mas- 
sacre" he says, "The blame for the bloodshed rests wholly with the 
magistrates of Boston . . . " Of the trial he writes with a sneer, "this 
. . . was always paraded as a specimen of the impartiality of American 
justice." On the influence of local government he comments, "The 
machinery of municipal administration permitted the assembling of mobs 
under the name of town-meetings, whenever the agitators might require 

The intolerant tone often makes even truth offensive, as in the fol- 
lowing passage : "A stream of trash about chains and slavery, hirelings 
of oppression, brutal instruments of tyranny . . . flowed inexhaustibly 
from the tongues of orators and the pens of pamphleteers." Again, an 

1 64 Reviews of Books 

uncharitable interpretation of patriot utterances is due to an entire mis- 
understanding of actual conditions. One must know very little of the 
slow growth of the desire for independence who could write : " The state 
papers and remonstrances, many of them very ably drafted, with their 
pretence of humility and submission, their grave and ceremonious inso- 
lence, and their frequent shameless perversion of facts . . . the unblush- 
ing partiality of juries ... all these things by long tradition came quite 
naturally to the people of Boston." 

Mr. Fortescue is quite as perverse in dealing with the first Conti- 
nental Congress. He does not even grant them honesty, but says, "It 
was a curious body, and to judge from its first action, not a very straight- 
forward one. " After reviewing their papers, he writes, " These produc- 
tions, though on the face of the matter not admirable even as specimens 
of lying, are remarkable as indications of the early hunger of the Amer- 
icans after Canada. ' ' 

In the treatment of the war itself, the campaigns, battles, and en- 
gagements, the author is more even-handed, but he is ever ready to ac- 
cept the most absurd newspaper canards derogatory to American human- 
ity. He tells, for example, the old story about the Americans' scalping 
some of the dead and wounded British soldiers at Concord bridge. The 
author's comments and criticisms upon the campaigns are often very en- 
lightening and suggestive. Montgomery and Arnold's attack on Quebec 
he regards as a foolish enterprise, " for even if the Americans had taken 
Quebec they could not have held it without an adequate naval force." 
The condition of the British army is examined critically and ably, and 
the reasons for its inefficiency are more clearly shown than in any pre- 
vious work known to the reviewer. The plans of the British ministry are 
severely criticized. " The mere fact that . . . [they rested their] hopes 
on the co-operation of the American loyalists was sufficient to distract its 
councils and to vitiate its plans. Their purpose being vague and unde- 
fined, the ministers proceeded without any idea of what an army could or 
could not do, or of the force that was required for any given object." 

Besides the whole course of the American war, the work of the 
British army in India and at Gibraltar is narrated from 1761 to 1792. 
The two preceding volumes, which appeared in 1899, constitute together 
with this volume a connected story of the growth of English military insti- 
tutions and of the development of tactics in a continuous series of wars. 
The first 208 pages of Volume I. give a good preliminary sketch up to 
the establishment of the " New Model." From that point he goes into 
detail, devoting nearly 400 pages to Cromwell, Charles II., William, and 
Marlborough. The second volume covers the history of about fifty years 
to the treaty of Paris. 

The volumes are in the main based upon the work of previous writers, 
usually specialists on limited fields. There is a good sense of proportion 
shown throughout, the style is clear, and the descriptions of battles and 
campaigns easy to follow. 

C. H. Van Tyne. 

Bruneau: Les Debute de la Revolution 165 

Les Debuts dc la Revolution, dans les Departcmcnts du Cher et de 
I'Indre ^iySg—iygi). Par Marcel Bruneau, Agrege d'His- 
toire et de Geographic, Docteur es Lettres, Inspecteur d'Aca- 
demie. ' (Paris: Hachette et Cie. 1902. Pp. 470.) 

Local histories of the Revolution are often particularly refreshing 
because they take one out of the atmosphere of the great assemblies at 
Paris and show exactly how each reform in the social or political consti- 
tution of France was effected and just how far promise became per- 
formance. M. Bruneau has rendered his work more than usually service- 
able by crowding his pages with detailed statements of fact, explaining 
the form each general phase of the early Revolution took in Berry. He 
has drawn his material from local assembly records, administrative corre- 
spondence, official documents of all kinds. In short, this is the sort of 
work upon which the general historian of the Revolution may rely in 
studying the consequences of the reforms undertaken by the Constituent 

Berry was a province which had the happy experience of success- 
ful reform before the Revolution. It was one of the experiment- 
stations for the project of provincial assemblies devised by Turgot and 
later carried out by Necker. This experience undoubtedly had some- 
thing to do with the fact that at the beginning it escaped the worst ex- 
cesses like the war on the chateaux. M. Bruneau shows, however, that 
the royal government collapsed here as completely as in other parts of 
France. Unfortunately the new administrations that finally took its 
place did not have the resolution to enforce all the laws or to stamp out 
disorder. In many instances they did not act harmoniously, and proved 
much more expensive than the old administration. 

The municipal officers were not displaced at first, as were those of 
Paris. The comites permanents, formed in imitation of the earliest im- 
provised government of Paris, merely cooperated with the existing muni- 
cipalities until the new local government law went into effect. It is 
curious to note that the name permanent, which some Parisians took to 
mean non-renewable instead of continuously in session, gave no similar 
offense in Berry. Consequently these committees were not, like the 
Paris committee, accused of manifesting an aristocratic tendency, and 
obliged to change their names and soon afterward to retire. 

M. Bruneau's description of the method by which Berry was divided 
into the two departments of Cher and Indre shows how ill-founded is the 
common assertion that the work of subdividing France ignored the his- 
torical divisions of the country and was controlled largely by considera- 
tions of symmetry or of mere local topography. He disturbs another 
equally stubborn commonplace, which states that the sale of public lands 
created by the confiscation of church property increased the relative 
amount of small peasant properties. His results are, therefore, in sub- 
stantial agreement with those of M. Lecarpentier for the district of 
Caudebec and M. Minzes for the Seine-et-Marne. The chief purchasers 

1 66 Reviews of Books 

were members of the bourgeoisie, although there were several nobles, 
especially from the noblesse de robe. There was also apparently much 
buying for speculative purposes, and even some buying by municipal 
officers, moved by a sense of duty to show that they did not fear a re- 
action which might enable the Church to recover its lands. 

M. Bruneau gives interesting details about the monetary crisis, ex- 
plaining how difficult it was even after the heavy issues of assignats to 
obtain enough of them to carry on the ordinary local business. The 
merchants had no other resource than to issue notes of their own, called 
billets de confiance, which answered the purpose for a time, although 
later they aggravated the general evil. 

These examples may serve to indicate the many-sided illustrative 
value of the book, which carries the history of Berry down to the adoption 
of the constitution of 1 791 . It should be added that although a sympa- 
thetic student of the Revolution, M. Bruneau is not an apologist of dis- 
order or of the petty tyrannies that were sometimes practised in the in- 
terest of the new liberties of the people. 

Henry E. Bourne. 

Financial History of the United States. By Davis Rich Dewey, 
Ph.D., Professor of Economics and Statistics, Massachusetts 
Institute of Technology. [American Citizen Series.] ( Lon- 
don and New York : Longmans, Green, and Company. 1903. 
Pp. xxxvii, 530.) 

Professor Dewey's financial history of the United States is the first 
attempt to sum up the results of the investigations of American historians 
and economists in the evolution of the money, banks, taxation, and pub- 
lic debts of this country. Scholars were early attracted to this rich field. 
The resulting literature has been an important contribution to the science 
of finance, quite on a par with similar work in other countries. Our 
varied and striking experience with paper and bank currency has been 
exhaustively treated by such writers as Gouge, Phillips, Bronson, Sum- 
ner, McCulloch, Horace White, and Bullock ; our equally instructive ex- 
perience with different forms of taxation, by Wells, Bolles, and Taussig; 
the fiscal problems peculiar to our history and government, by Noyes, 
Scott, Bourne, H. C. Adams, and Kinley ; and the polemical literature 
of recent years on the great money and tariff questions has filled our 
libraries with much valuable material. 

The writer of a financial history of the country cannot complain of 
a paucity of material. The difficulty he meets is rather one of orderly 
consecutiveness of the story. Professor Dewey has been signally success- 
ful in meeting this difficulty. His book avoids needless repetition, and 
presents the kaleidoscopic items that go to make up the country's finan- 
cial history with a proper regard to their relative importance and to the 
thread, often slender and obscure, that binds them together. In one 
particular, however, we must express our regret that the author's desire 
to keep his book within certain bounds fyas led him to omit all reference 

Dewey: Financial History of tJie United States 167 

to the history of the South during the Civil War. The reviewer's inter- 
est in the history of the Confederate States may be thought to lead him 
to exaggerate its importance ; but the history of American war finan- 
ces, and especially of American paper-money regimes, would seem in- 
complete without a reference, even cursory, to the financial experiences 
of the South during the war, which ran parallel with those of the North 
during the same years and with those of colonial and Revolutionary 
times, and which would have furnished the author with striking exam- 
ples of the typical financial problems and difficulties in our history. 

Aside from this omission, every important topic that falls within the 
scope of the financial history of the United States is covered. The 
complicated story of the Northern finances during and after the Civil 
War is treated with particular success. Throughout the book the statis- 
tical material, which in less skillful hands might have become cumbersome 
and obscure, is arranged, abbreviated, and commented upon in away that 
could not be improved upon. The analysis of Congressional votes on 
important bills, by geographical sections, has never, we believe, been 
carried so far. 

The great controversies that have enlivened our financial history, 
such as the various bank and money questions, are summarized in a fair 
and dispassionate way. In this impartial treatment some may miss a 
fuller statement of and a more positive position on such fundamental 
questions as the necessity of the Legal-Tender Act of 1862 and the con- 
stitutionality of the legal-tender notes. A fuller discussion of the inter- 
state commerce clause of the Constitution and its bearing upon the fiscal 
policy of the individual states would have been desired. 

A few inaccuracies call for comment. On page 446 it is said, ' 'clearing- 
house loan certificates were once more resorted to, this time on a 
much larger scale than ever before." While the amount issued for in- 
stance in New York in 1893 greatly exceeded that issued on former oc- 
casions, the " scale" to be used cannot fairly be an absolute one, but 
the figure should be referred to the amount of deposits or to some similar 
index of the extent of business during the particular crisis. The thirty- 
eight millions of loan certificates issued in New York in 1893, by this 
method of calculation, represented a much smaller issue than the twenty- 
two millions of 1873. On the last line of page 326 it is stated that the 
national bank-notes " were payable by the government for its indebted- 
ness and for interest on its bonds. ' ' The word ' ' and ' ' should read 
" except," as will be seen from a perusal of section 20 of the Bank Act 
of 1863 and section 23 of the act of the following year. By this slip in 
the text the laws are made to sanction the payment of the interest on the 
United States bonds in the notes of the national banks, which was of 
course never contemplated. 

The general and topical bibliographies will be found of the greatest 
value, especially to students, for whom the book was presumably pre- 
pared. It will doubtless be found to be an indispensable text-book, 
covering as no other book does one great section of the economic history 
of the United States. J. C. Schwab. 

1 68 Reviews of Books 

The American Republic and its Government. By James Albert 

Woodburn. (New York and London : G. P. Putnam's Sons. 

1903. Pp. v, 410.) 
Political Parties and Party Problems in the United States. By 

James Albert Woodburn. (New York and London : G. P- 

Putnam's Sons. 1903. Pp. ix, 314.) 

The American Republic and its Government is designed as a text-book 
in American government for elementary college work and for advanced 
secondary school courses. It aims to occupy a half-way ground between 
the school text-book and Bryce's American Commonwealth. The author 
has succeeded admirably well in attaining his end. About one-fourth of 
the volume is devoted to a discussion of the principles of political sci- 
ence as developed and applied by the founders of the nation and the 
framers of the Constitution. Chapters on "The Presidency," "The 
Senate," " The House of Representatives," and " The Judiciary " com- 
prise the body of the book ; a short chapter suffices for " The States and 
their Government" ; while the last chapter, on "The Territories and 
their Government," after describing the regular form of territorial gov- 
ernment, gives a good deal of space to a discussion of the constitutional 
position of our recently acquired insular possessions. 

Professor Woodburn's book has many excellent pedagogical features. 
It is sane, temperate, and well-proportioned. The exposition of prin- 
ciples and the statement of facts are clear and direct, and in most respects 
the several subjects are adequately discussed for the purpose of the book. 
Commendable skill is shown in presenting the important and in avoiding 
mention of less important or inconsequential details. The author is 
careful to treat both sides of controversial topics with fairness, and in 
general the work shows that the writer understands his subject and, what 
is more, has taught it and has learned from experience where emphasis 
should be laid. Hence he has produced a thoroughly teachable book. 
No attempt is made to advance unusual or novel views, and by such self- 
restraint the value of the work as a text -book is materially increased. 

Praiseworthy emphasis is laid in several instances upon facts which 
have been perverted by known but often repeated error, as on page 202, 
where it is clearly shown that the compromise in the Convention of 1787 
over the basis of representation was not the cause of the adoption of the 
bicameral system, since that form of legislative assembly was determined 
upon before the dispute over the basis of representation arose. The 
position is taken that all attempts to bind the future sovereign will by 
res1ri< live clauses in a constitution, such as that giving equal suffrage in 
the Senate to the states, are futile, and that the clause mentioned can be 
changed constitutionally by ordinary process of amendment. 

Accuracy is the general rule, although several incorrect statements 
appear. ( )n page 1 1 7 the assertion is made that the Constitution requires 
that l he day for choosing presidential electors must be the same through- 
out the United States — an error that a more careful reading of the Con- 

Woodburu : 7 he American Republic and its Government 1 69 

stitution would have prevented. The act of 1845, not the Constitution, 
requires the election to occur everywhere on the same day. On page 
322 the classes of controversies in which jurisdiction is given by the Con- 
stitution to the Federal courts are enumerated, and it is stated that the 
Eleventh Amendment has withdrawn from that jurisdiction controversies 
between a state and citizens of another state ; this of course is not true of 
suits brought by a state against a citizen of another state. While too 
much explanation defeats the ends of an elementary text-book, it would 
seem that the limitation of the force of the Eleventh Amendment by the 
decision of the Supreme Court in the case of Cohens vs. Virginia should 
have been mentioned. The same criticism, similarly modified, would 
suggest that the limitation placed upon the power of suspension of the 
writ of habeas corpus by the Supreme Court in the Milligan case should 
have been noted. Certainly the intervention in Louisiana of the Federal 
government under Grant should not have been omitted in a somewhat 
lengthy discussion of the guarantee clause of the Constitution. The 
author takes too much for granted in assuming, as he does in three places, 
that the Danish West Indies are already possessions of the United States, 
although he states in a foot-note that the treaty had not as yet been ratified 
by Denmark. President Cleveland's articles on "Executive Indepen- 
dence " are quoted (p. 189) in one instance as in the Atlantic Monthly 
for 1 90 1, and later on the same page as in the same magazine for 1900 ; 
but such typographical errors are unusually rare. 

Political Parties and Party Problems in the United States is a com- 
panion volume to the one just reviewed. The book gives much valuable 
information in a well-arranged and useful form. The facts are well con- 
sidered and accurately stated ; and yet a comparison of the two volumes 
compels the conclusion that the author is on surer ground in The Ameri- 
can Republic. It is handled with a firmer grasp, with a better sense of 
proportion, and with greater breadth and skill of treatment than the 
second book. 

The first half of the volume is devoted to an historical sketch of 
American political parties. Part II., comprising about one-fourth of the 
book, describes the machinery and practical operation of American party 
organizations. The last quarter, Part III., is given to a discussion of 
the ethical problems in party politics. 

Professor Woodburn avoids controversial ground as much as possible, 
and gives, in general, a mere outline of the development of parties and 
party principles. At times, however, he does not hesitate to take sides 
positively on disputed points. On page 62 he defends the action of the 
Liberty party in voting for Birney in 1844, even though it may have 
caused the defeat of Clay and the triumph of the party pledged to annex- 
ation. He states that the majority of the American people desired 
annexation, and that Whig victory, even though won by antislavery votes, 
would not have prevented such a consummation. The author opposes 
the view prevalent in recent years, that the fundamental principle of the 
Whig party was Congressional domination, or legislative control of the 

1 70 Reviews of Books 

several departments of government. Again, he shows conclusively that 
the capture of the Democratic national convention in 1896 by the radical 
and silver wing of the party was due to deep-seated causes that had been 
long operative, and not to convention oratory, as has been popularly 
supposed. Occasionally the political philosophy at the basis of party 
action is ably and clearly demonstrated, as in the explanation of the 
" unit rule " in the Democratic national convention. 

Proportion is not well observed in the historical treatment of politi- 
cal parties. Forty-four pages are given to the history of the several 
antislavery parties, while thirty-seven pages suffice for the history of 
parties under the Constitution down to the fall of the Whigs. In this 
latter part very little space is devoted to the Jacksonian Democracy ; 
and in fact from the division of the old Republican party to the close of 
the Reconstruction period the Democratic party is given scant notice. 
On page 90, in an enumeration of the parties and a description of the 
platforms of i860, no mention is made of the Bell-Everett party. On 
page 79 the proof-reader has allowed the Compromise of 1850 to appear 
as that of 1856 ; and on page 82 the expression " Northwest Territory" 
is used to designate the trans-Mississippi territory north of 36 30'. 

The author's chapter on " Party Morality " is excellent and timely, 
and the discussion of ethical problems in Part III. is sound and judicious, 
though perhaps contributing little to the vital literature of the subject. 

Useful topical bibliographies, short but well selected, occur at the 
end of most of the chapters. One wonders why such a list of references 
is omitted from the chapter on " States and their Government " in The 
American Republic, and why Part I. of the second volume should like- 
wise be slighted. In both books frequent and often long extracts from 
well-known authorities are incorporated in the text itself, to such an 
extent that the impression of lack of originality which the volumes as a 
whole convey is considerably strengthened. 

These books are written for the young student and the general 
reader, and not for the scholar and specialist. The author does not 
present his work as the result of exhaustive original research ; he does 
however show excellent judgment in arranging and skill in setting forth 
the facts, which are derived in most cases from secondary sources. The 
style, although not brilliant, is well adapted to his purpose, and the 
proof-reading is carefully done. The books are on the whole creditable 
to their author, and will prove, The American Republic especially, useful 
additions to the literature of American government and politics. 

Marshall S. Brown. 

The Life of James Madison. By Gaillard Hunt. (New York : 
Doubleday, Page, and Company. 1902. Pp. viii, 402 ) 
Ik the title of Mr. Hunt's solid and well-digested work were to read 
" The Times of James Madison," it would more accurately represent the 
contents, for the author throughout relegates Madison's personality to 
the background and follows the course of general political history. The 

Hunt: The Life of James Madison 171 

first chapter opens with a full account of the formation of the first Vir- 
ginia constitution, which occupies twelve pages, although Madison only 
once took part in the proceedings, and then ineffectually. Then follow 
two brief chapters on Madison's education and early life, after which 
comes a study of Virginia government and legislation during the Con- 
federation period, and a survey of the steps leading to the calling of the 
Federal Convention, the process of constitution-making, and the strug- 
gle for ratification. After that the narrative follows the current of gen- 
eral history, varying from chronological order occasionally in order to 
compare Madison's later opinions on nullification with his views at the 
time of the Virginia Resolutions or to group related diplomatic dealings. 
Generally speaking, the earlier period receives far more minute attention 
than the later, the record of Madison's term as secretary of state being 
strikingly condensed. The book is really a temperately and indepen- 
dently written history of the United States from 1776 to 1817 with occa- 
sional references to James Madison. 

No doubt this method of treatment results to a large extent from the 
humdrum correctness and dryness of Madison's personality and from that 
complete absorption in public affairs which led him to discuss paper 
money when he should have been courting, and which renders his col- 
lected works at once so valuable and so colorless. But the author goes 
farther than is necessary in his adherence to the general and impersonal, 
for he passes over with slight mention and usually without discussion 
nearly everything human in Madison's career. The private relations of 
Madison with his Virginia contemporaries — Henry, Marshall, and Ed- 
mund Randolph — scarcely appear ; the whole episode of John Randolph's 
frantic attack upon him is dismissed in a few lines ; and Monroe's quarrel 
receives less than a page. It is not made clear just how Madison was 
regarded in his first term by the Young Republicans, and, still stranger, 
there is no mention except in one brief paragraph of the personal oppo- 
sition of the New York Clintonians. But perhaps the most striking 
omission is that of any discussion of the relations of Jefferson with Madi- 
son and of any full estimate of the extent to which the latter was swayed 
in his political career after 1789 by the older man. We are nowhere 
told, for example, how independent a part was played by Madison as 
secretary of state. The only episode in his eight years of service that is 
fully treated is the Louisiana purchase, and this is described with almost 
no mention of Jefferson. In this respect the book does not furnish the 
information one ordinarily looks for in the biography of a statesman. 
What Mr. Hunt has done is well done, but it is not new ; what he has 
failed to do is suggested by Mr. Henry Adams's treatment of Madison in 
his history, which still remains the most lifelike presentation of the man. 

Mr. Hunt's method has the conspicuous merit of breadth and true 
perspective, and his attitude toward his hero is noticeably well-balanced 
and judicious. Nowhere is Madison given the credit of unusual influence 
or success without contemporary testimony in text or foot-note to support 
the assertion, nor is any criticism ventured without a display of the 

i 7 2 Reviews of Books 

evidence. The fairness of the author's position may be illustrated by 
his comments on Madison's abandonment of the Federalists in 1790: 

If base motives of expediency must be attributed to him because he 
declined to follow Hamilton's lead ... the same odium must be visited 
upon all the former Federalists in the South who were now the pre- 
ponderating force in the Anti- Federal party. . . . At the present day it 
is possible for a man who is a member of the Democratic party to be 
esteemed, even by those who do not agree with him, as an honest patriot, 
and no violent mental effort should be necessary to attribute political 
integrity and patriotic motives to the leaders who founded the Demo- 
cratic party more than a century ago. ... In the heat of political con- 
flict men say and even believe things of their opponents which at calmer 
times they would not sanction. This must be remembered in extenua- 
tion of Madison's attitude toward Hamilton. It is a merciful interpre- 
tation which ought to be accepted by the partisans of Hamilton in 
exchange for like charity extended to their own hero, who also sadly 
needs it. 

But of Madison as a war leader Mr. Hunt says candidly: "In 
truth he was not an inspiring figure to lead in war. The hour had come 
but the man was wanting. Not a scholar in governments ancient and 
modern, not an unimpassioned writer of careful messages but a robust 
leader to rally the people and unite them to fight was what the time 
needed and what it did not find in Madison." It should be said, how- 
ever, that Hamilton and the New England Federalists are viewed by Mr. 
Hunt through distinctly Madisonian spectacles, and there is one figure 
who certainly receives less than what most people would consider his 
due. From his first appearance to his last Patrick Henry seldom is 
mentioned without a depreciatory phrase, and the worst accusations of 
his political opponents are quoted with apparent approval. Mr. Hunt 
seems to have ignored Mr. Tyler's rehabilitation of the eloquent Vir- 
ginian and to have adopted in full Jefferson's well-known attitude. 

In style the book is clear and vigorous, now and then lighted up by 
touches of sarcasm or by a downright epithet. Yet the dryness of 
Madison's personality appears at times to place on the writer's spirits a 
damper of which he seems not wholly unconscious. In view of this fact 
the title of " three musqueteers " applied several times by Mr. Hunt to 
the trio of Jefferson, Madison, and Monroe grows more absurd with each 
repetition. Three men to whom, taken together, the title of Dumas's 
heroes is less applicable could scarcely be imagined. 

It is almost needless to say that the historical workmanship of the 
volume is as sound and scholarly as would be expected from the editor of 
Madison's works. The copious foot-notes prove the text to be based on a 
wide knowledge of everything that has been printed concerning Madison, 
together with a great deal of unpublished material in the archives of the 
State Department and elsewhere. The book has a respectable although by 
no means exhaustive index. There are, however, a few minor matters where 
exception may he taken on the point of style. The habitual wording of 
references to unpublished material is simply " Dept. of State MS." 
Now, when the dale and author of a letter thus referred to are named in 

Fitchett: Nelson and his Captains 173 

the text it may not be necessary to describe the document in the note, 
but when, as happens occasionally, either or both of these is lacking, the 
reference becomes hopelessly blind. There are also a few vague foot- 
notes where we are referred simply to " Journal of the House of Dele- 
gates " (p.' 78 ff.); to "Bancroft VIII" (p. 123) ; to " Yates " (p. 
135) ; and to "Ford's Essays on the Constitution" (p. 142). A few 
misprints have been observed, nearly all of a minor character, except on 
page 297, where we are told that Napoleon boasted of receiving for 
Louisiana sixty million "livers." Generally speaking, the volume is as 
creditable in appearance as it is sound in its contents, and it forms a 
worthy opening number for the biographical series of which it is a part. 

Theodore Clarke Smith. 

Nelson and his Captains : Sketches of Famous Seamen. By W. H. 
Fitchett. (London : Smith, Elder, and Company. 1902. 
Pp. 322.) 

This is a very useful, entertaining, and creditable little volume. It 
is not and is not intended to be an original or exhaustive work of research 
either in biography or in naval history, but gives just what the title-page 
promises — a series of sketches. They are thoughtfully and enthusiasti- 
cally written in a simple yet pleasing, vivacious style. They stimulate 
interest or refresh the memory concerning the strategy and tactics of the 
greatest epoch in naval history, and present in convenient form the lite 
and character of great sailors who won safety and glory for England and 
made great advances in the science of warfare on the sea. 

Though Nelson is the ostensible subject of but one of the chapters, he 
is the inspiration of the whole book. Indeed the second chapter has for 
its title "The Men of Nelson's School", and though each of the re- 
maining chapters bears the name of one of the great sailors of this school, 
it is largely in relation to Nelson that their careers are described. 

The chapter on Nelson is not a biography, but a " character study " 
done with great insight and literary skill, with impartiality and yet with 
perfect sympathy. The author emphasizes with admirable candor the 
weakness as well as the nobility of his high-strung, moody character, the 
possible flaws as well as the overwhelming dazzling supremacy of his naval 
genius. We get a vivid picture of the " fragile, undersized, half- womanly 
figure ", who was yet " the greatest sea-warrior the world has ever seen " 
and "almost, if not quite, the most terrible fighter, whether on sea or 
land, war has known ", for whom "to be in the passion and perils of a 
great battle" was, in his own words, to be "in the full tide of happi- 
ness." In a few luminous sentences the author gives an appreciation of 
Nelson's strategy and tactics, of his debts to his predecessors and his 
superiority to them. We see his discipline, his care for the health of his 
men, his perfect efficiency even in mere practical seamanship, his burn- 
ing sense of duty with all its limitations and narrowness, his loyalty to 
his subordinates, and his power of arousing their devotion; for "the 
noble law that trust creates loyalty, and love kindles love, fulfilled itself 

1 74 Reviews of Books 

in Nelson's career." The author appropriately closes his sketch by mak- 
ing an interesting comparison of Nelson with his great contemporaries, 
Wellington and Napoleon. 

The chapter on the men of Nelson's school gives a vivacious account 
of the rough yet efficacious practical apprenticeship of the lads who be- 
came Nelson's captains, contrasts in effective manner the achievements 
of the navy with the — to modern eyes — tiny ships of the time, gives in- 
stances of the well-nigh incredible courage bred in officers and men by 
the old system or lack of system, and, as typical elements in the character 
of Nelson's captains, suggests hate of Frenchmen, love of adventure and 
of a fat prize, "pride of race, pride in the flag, loyalty to king and 
country, the impulse of discipline, the dread of dishonour, the sense of 
comradeship with gallant men and of partnership in great deeds." To 
these forces the author emphatically adds the personal influence and 
training of Nelson. " The infection of his lofty and eager spirit caught 
lower natures and hurried them beyond themselves." His "praise was 
for them fame ; his disapproval was more bitter than defeat, and more to 
be dreaded than death. ' ' 

Then follow the interesting sketches of the individual captains. 
First Berry, who was no tactician, but an unsurpassed fighting subordi- 
nate. The next portrait is that of the " gallant and good Riou," as Nelson 
called him, the hero of " well-nigh the most heroic feat of seamanship 
on record." This feat was of course the famous affair of the wrecked 
Guardian, which Riou with a handful of men kept afloat and trium- 
phantly brought into Table Bay after nine weeks of almost incredible 
endurance, skill, and courage — qualities which we meet again in the tragic 
close of his career at Copenhagen, where, in Nelson's words, the shot 
that cut Riou in two inflicted upon the British navy an " irreparable 
loss." Riou's own dying words, "What will Nelson think of us?", 
strikingly exemplify the feeling of the "school" for the master. 

Then Blackwood, the hero of the famous fight between his frigate of 
36 guns and the Guillaume Tell, an incident "difficult to parallel in 
sea warfare," Blackwood, the " prince of frigate captains," who twice 
refused the command of a 74 for mere joy in frigate service. The 
chapter on Blackwood is particularly pleasing as illustrating the author's 
readiness to recognize heroism in French officers, as indeed Blackwood 
himself became a lifelong friend of the gallant commander of the Guil- 
laume Tell. Apart from his important services in the preliminaries 
and in the actual battle of Trafalgar, he is immortalized in Nelson's 
" Ciod bless you, lUackwood, I shall never see you more." 

Troubridge of course finds, as he deserves, an enthusiastic chapter, 
Troubridge, of whom Nelson said, " he is, as a friend and an officer, a 
nonpareil." Next to Nelson, says Dr. Fitchett, " scarcely any other sailor 
in that age of great seamen gives so vividly the sense of capacity for 
great things." "Look at Troubridge," cried the usually grim, unde- 
monstrative Jervis at St. Vincent. " He takes his ship to battle as though 
the eyes of all England were upon him ; and would to God they were !" 

Boger: The Story of General Bacon i 75 

The tragedy of the Culloden helplessly aground at the battle of the Nile 
is relieved by Nelson's noble and successful insistence, "for heaven's 
sake, for my sake," that Troubridge should be equally honored with his 
other captains. But those black, maddening hours on the shoals were 
not the only tragedy of Troubridge' s career ; and it is with feelings of 
deep sadness that we read of his breach with Nelson and finally of the 
cyclone in which he and his ship went down together. 

We get graphic pictures of the splendid exploits of the gigantic, 
dauntless Hallowell ; a good portrait of Ball, the philosopher-sailor, 
Nelson's great friend, distinguished at the Nile and hero of the siege of 
Malta; and one of the gallant opponent of Linois, Saumarez, whom, it 
is unpleasant to remember, Nelson unjustly disliked in spite of his great 
daring and superb seamanship. Sketches are also given of Parker, of 
Pellew (Lord Exmouth), of Foley, and lastly of Hardy, who was " im- 
perishably linked to the memory of Nelson by the pathos of the immor- 
tal scene in the cockpit of the Victory, and by the half-womanly tender- 
ness " of Nelson's dying words, in which " Hardy's name is enshrined 
for all time." With him, who beyond all others was the "comrade 
Nelson would have chosen to hold his hand as he died," and in whose 
coffin Nelson's portrait lies, the interesting and inspiring volume closes. 

W. F. Tilton. 

The Story of General Bacon. By Alnod J. Boger. (London : 
Methuen and Company. 1903. Pp. xii, 308.) 
In our American generation of Civil War veterans, all of whom have 
experienced the daily toils and pleasures of campaigning, there has al- 
ways been an audience for the personal narrative of a soldier ; since the 
Boer War this class in Great Britain has multiplied. The technical 
military history commands fewer readers. Human sympathy goes out 
towards the individual, not the army corps. It is a long hark back to 
Waterloo, and yet the story of one who there bore arms loses not interest. 
A direct descendant of Anthony (brother of Francis Lord Bacon) and 
son of one of the richest commoners in England ; the youngster who 
even at Eton refused to take a birching at the hands of the famous flog- 
ger Keats, because a commission in the Sixteenth Light Dragoons had 
been provided for him before he left school, and he was already entitled 
to wear the king's uniform ; the youngster whose father never gave him a 
regular allowance, but paid his debts from time to time, was apt to grow 
up wayward. And this in a way Bacon was ; but he appears to have 
learned to ride and fence and speak the truth — a mighty good education, 
properly construed, to-day. 

Joining his regiment in Spain in 1813 young Bacon, then seventeen 
years old, found himself among a lot of veterans of twenty-two and three 
who had been in the field for four years ; but, like most cavalry officers, he 
saw more of hardy but innocuous outpost duty and less of hard fighting 
than he would have seen in the foot, on whom falls four-fifths of the desper- 
ate work of the assault or the battle. He had, from an adjoining hill, " a 

176 Reviews of Books 

complete bird's-eye view of the first battle of Sorauren," one that does 
not often fall to the lot of a subaltern ; and he was an interested specta- 
tor at the siege of San Sebastian, while Graham's men lay on their faces 
at the foot of the rampart into which the batteries were pouring shot 
within a few feet of their backs to make a breach big enough for them to 
mount it over a chevaicx-de-frise of sword-blades. No wonder when he 
saw it afterwards he deemed "the great breach a ghastly spectacle of 
slaughter." With his regiment Bacon served until the end of the war in 
18 14. In love with the life, he then hoped to be ordered to America, 
but the Sixteenth was not chosen. It was, however, not long after its 
return to England before Napoleon's return from Elba sent all available 
troops over to Belgium, and from a half-pay lieutenant Bacon again 
found himself on active duty as lieutenant of the Tenth Hussars. The 
Waterloo campaign is fairly described, and a generous word for Bliicher 
and the French is thrown in. Indeed, there is no disparagement of the 
enemy in these pages. They are given their due meed of praise, while 
the British soldier's good qualities are magnified, and sometimes his ill 
ones are not forgotten. It is the instinct of that greatest of virtues, 
patriotism, that exalts our own soldier beyond any other. 

Before Waterloo, Bacon's regiment was with the party that traced 
Bliicher's direction after Ligny, so as to enable Wellington to take cor- 
responding action. At the battle his regiment was one of those that did 
not get put in until the end, the men and officers fretting their ardent 
souls away within gunshot of their brothers locked in mortal struggle with 
the foe. But when their time came, they had their full share. Bacon, 
struck in two places in the charge, with eight other officers and forty-five 
men killed and wounded of the Tenth, lay unconscious on the field, was 
robbed by night-hawks, and next morning was picked up and nursed back 
to life. One of the bullets he carried, near his knee, the rest of his life. 

Midway in the seventeen succeeding years of peace, Bacon married 
Lady Charlotte Harley, the beautiful girl to whom Byron dedicated his 
Childe Harold. He served in various places, including Madras and 
Gibraltar. His father did not leave him rich. In 1825 we find him 
major of the Seventeenth Lancers ; in 1832, in the Civil War in Portugal, 
Colonel Bacon formed a regiment of lancers to go again to the Peninsula. 
Nearly half the book is taken up by his experiences at this time, when he 
saw a good deal of fighting. But more interesting are some of the diffi- 
culties in managing the troops under his command as general officer, and 
the notes made of the barbarous practice of flogging — fancy the horror 
of three hundred lashes ! While disapproving the penalty, he once exe- 
cuted the sentence of a court martial in the presence of a mutinous regi- 
ment, controlling the men by his personal bearing alone. " It is unwise 
as well as impolitic to continue a description of punishment which, from 
its degrading and disgusting nature, puts men below the level of beasts," 
he writes. 

In the siege of Oporto, during which his wife bravely stood beside 
him, " donkeys, dogs, cats and horse-flesh were eagerly devoured when- 

Wei gall: Correspondence of Lady Burgher sh 177 

ever procurable," and the ration (when issued) was " two ounces of rice, 
two ounces of salt fish, half a pint of port wine and one ship's biscuit." 
" A slice of dog, well-peppered, devilled, and fried in oil and butter on 
the lid of a mess-tin was a luxurious repast." What memories of " fried 
hardtack " does this not evoke for the veteran of the Army of the Poto- 
mac ! After this war Bacon resided partly in England, partly ill Por- 
tugal, striving to recover the moneys he had personally advanced to the 
cause he served — which of course he never recovered. It is not only 
republics which are ungrateful. When the Crimean War broke out he 
was nearing sixty, but being "without doubt the best cavalry officer I 
have ever seen," as Lord Anglesey had said, he expected a chance of 
service. He was grievously disappointed to have the command of the 
Seventeenth Lancers entrusted to another. He died in 1864. This vol- 
ume, by his grandson, is well done, though one could wish that more of 
Bacon's own letters could have been quoted. It is light to hold and the 
print is clear. Unless the literature of the Boer and Spanish wars mo- 
nopolize readers, it should have a good sale. 

Theodore Ayrault Dodge. 

Correspondence of Lady Burghersh with the Duke of Wellington. Ed- 
ited by her daughter, Lady Rose Weigall. (London : John 
Murray and Company. 1903. Pp. vii, 220.) 
While possessing in high measure the attributes of the great man of 
action, His Grace the Duke of Wellington has been usually characterized 
as of a stern unsympathetic nature, as a man who lived, through success 
and glory, fame and riches, a solitary, cheerless life. There is a grain 
of truth in this view of the great soldier, though many estimates of him 
exaggerate it, going so far as to represent him as sitting in his old age 
"lonely in the bleak and comfortless surroundings that he chose, while 
friendship and family affection passed him by." Yet the chief who so 
far won the regard of his subordinate officers in the Deccan that when he 
left that command they presented him with a service of plate worth 
jC 2,000 sterling — though this is measuring sentiment by a vulgar pluto- 
cratic yardstick — could scarcely have lacked the human quality. And 
while the duke's despatches from the Peninsula were wont now and then 
to exhibit scant appreciation of the fidelity, courage, and stanch soldierly 
qualities of his officers and men, yet it can scarcely be denied that he won 
the esteem and respect of all around him, to as high a degree as any 
captain, if he did not command enthusiasm and love after the fashion of 
an Alexander or a Gustavus. 

Captain Arthur Wellesley was one of the aides-de-camp of the Earl 
of Westmoreland, who was lord lieutenant of Ireland from 1790 to 1795. 
When Sir Arthur went to Portugal in 181 2 he took on his own staff Lord 
Burghersh, the son of his ancient chief; and this gentleman later married 
Sir Arthur's niece, Priscilla Anne, daughter of the Earl of Mornington. 
This couple remained attached to the Duke of Wellington by the warmest 
ties; and it was to " My Dearest Priscilla " that most of the letters in 

AM. HIST. REV., VOL. VIII. — 12. 

i 7 S Reviews of Books 

this unusual volume are addressed. And because there exists in some 
circles an error which is deemed by those who loved him and whom he 
loved to be an injustice to his memory, Lady Rose Weigall, the daughter 
of Lady Burghersh, has consented to the publication of these letters, to 
"give some idea of what he was to his own friends and family." 

The letters are simple and homely to the last degree. They deal in 
everything, from the duke's views in 1812 on the strategical situation in 
the Peninsula, to a simple agreement to meet " My dear Priscilla " at 
the train on its arrival at Dover on September 14, 1852. This last, un- 
like the duke, who was scrupulous in adherence to truth and promises, 
remained unfulfilled ; for the great soldier died, rather suddenly, on the 
day he was to welcome his niece at Walmer Castle. In the letters there 
are many references to contemporary politics which may interest those 
familiar with the times ; but nearly all of them are about personal 
matters. Sentences taken here and there from the letters best explain 
them. "The Stael . . . told a person who repeated it to me that she 
had done everything in her power ' pour m'interesser a elle ' (what does 
she suppose me made of?) but she found I had no ' cceur pour l'a- 
mour ' ! ! !" " I shall be sorry to lose the poor Americans!" (the 
Misses Caton). " You must for my sake protect them against their host 
of enemies when they go to England." This in 181 7, when the memory 
of the War of 181 2 was still rankling. " I am very sorry indeed to hear 
of the illness of General Neipperg. He would be a terrible loss to his 
friends, to the Empress Marie Louisa " (whose " morganatic husband " he 
was), " and to the Publick in general." "This transaction proves to 
me clearly not only that Lord Melbourne does not understand his busi- 
ness, but that there is nobody in the Cabinet who does ! " — a thoroughly 
Wellingtonian phrase. " In the existing state of things [1837] they 
could not go on for a day in the House of Lords without me ! " " We 
have a Queen of eighteen years of age. Supposing her to be an angel 
from Heaven, she cannot have the knowledge to enable her to oppose the 
mischief proposed to her." One phrase in a letter from Fuente-Gui- 
naldo, May 25, 1812, is highly characteristic of the duke's painstaking 
Peninsular campaign. Speaking of Hill's fine raid on Almaraz having 
"given me the choice of lines of operation for the remainder of the 
campaign," he adds, "and do what we will, we shall be safe." 

From the color of a cloak he was to give his niece to the illness of 
the Princess Victoria ; from a slur at " gentlemen artists " (Lilley) to a 
timely charity to an old pensioner; from German politics to an accu- 
sation of mendacity to his political opponents, these letters are full of 
matter. The object sought by this publication has been fully attained : 
it is clear that the duke had under his irascible, prejudiced, antagonistic 
exterior a heart which beat warmly for distress, which loved his own with 
a true affection, and which was human to the core. He subscribed little to 
public charities, but gave largely in private ; he would call each day on 
a sick friend ; he could apologize to a servant for a scolding administered 
Oil wrong premises, and he showed great love for little children. While 

Langeron: Memoir es de Longeron 179 

showing how easy it has been to misapprehend his character, the letters 
are a fine tribute to the man. 

This volume is beautifully published, with two fine portraits of the 
duke, one most apt rear-view sketch by Leslie of the duke walking, and 
so lovely a portrait of Lady Westmoreland that one does not wonder she 
was his "Dearest Priscilla. " 

Theodore Ayrault Dodge. 

Me moires de Langeron, Genital d' ' Infanterie dans I'Armee Rnsse, 
Campagnes de 1812, 18 13, 181/f.. Publies d'apres le manuscrit 
original pour la Societe d'Histoire Contemporaine, par L.-G. 
F. (Paris : Alphonse Picard et Fils. 1902. Pp. exx, 524.) 

Andrault, Count Langeron, the author of these memoirs, was 
born in Paris in 1763. Under Rochambeau he served with the French 
force in America in 1781. On the outbreak of the Revolution, he left 
the French for the Russian service, attained in the latter the rank of 
lieutenant-general in 1799, and died, after a distinguished career of forty 
years in his adopted country, at St. Petersburg in 1831. His memoirs 
on the wars of the First Coalition (Pingaud, D Invasion Austro-Prus- 
sienne, 1792-1*794) were published by the Societe d'Histoire Contempo- 
raine in 1895. In the present volume the memoirs for 181 2 and 18 13 
are the more important. In March, 1814, Langeron distinguished him- 
self before Paris by the storming of Montmartre, but the general insig- 
nificance of this campaign as compared with the previous ones is reflected 
unmistakably in his narrative. 

In 181 2 Langeron commanded under Tchitchagoff the army disen- 
gaged by the Turkish peace, which in September advanced from Mol- 
davia upon the French line of communications, captured Minsk with its 
supplies, and took the crossing of the Beresina, but failed to hold it against 
Oudinot. The failure of this movement from the south to bar Napoleon's 
retreat Langeron ascribes in general to Tchitchagoff's tardiness — an 
opinion in which, contrary to Bogdanowitsch, the editor concurs. The 
latter, however, joins with Diebitsch in excusing Tchitchagoff's sudden 
digression from the Beresina on November 25, whereby Napoleon, ac- 
cording to Langeron and the received opinion, ultimately escaped. Be- 
tween Tchitchagoff and Langeron, who appears to have been the superior 
of the two in ability, the feeling was such as debarred criticism mutually 
fair. Tchitchagoff, in a letter to Alexander I., once expressed a hope 
to be " delivered " from his subordinate. The latter in turn, comparing 
his chief to the Emperor Paul, ascribes to him every extravagance and 
vice of mind and heart. 

Of more interest is his characterization of the Prussians and of 
Blucher, under whom he commanded a corps 48,000 strong in the cam- 
paigns of 181 3-1 8 14. Blucher he describes as a veteran hussar in the 
full sense of the word, a drunkard, gambler, and profligate, addicted in 
fact at sixty-six to "all the vices hardly excusable in youth," redeemed 
however by virtues martial and otherwise that made him soon the idol of 

i So Reviews of Books 

Russian and Prussian alike. The talents of Gneisenau are frankly ac- 
knowledged : his disposition, however, Langeron found repulsive. Muf- 
fling, who rivaled Gneisenau in ability, was amiable as well. Langeron's 
praise of the Prussians — princes, officers, and soldiery — in this contest 
is almost unmixed. "Never," he says, "did military honor reach a 
higher level." They had but one fault, insufferable arrogance. Even 
to Muffling, Langeron, then a veteran of twenty years in the Russian 
service, was, merely by reason of his French origin, repugnant. In this 
feeling Langeron's ignorance of German played a role, especially with 
Blucher, whose ignorance of French, unusual in a Prussian officer, de- 
barred free intercourse with his Russo-French subordinate. 

The volume is replete with the incidents which lend interest to works 
of its class. At Diiben on October 9, 1 813, Blucher and Langeron es- 
caped capture by a narrow half-hour, and only as a result of Bliicher's 
fondness for the chase. At Leipzig it fell to Langeron's lot to receive 
the Saxon regiments which deserted Napoleon on October 18 ; and on 
the following day, at imminent peril to his own life, he witnessed, from 
the bank of the Elster, the tragic death of his personal friend Ponia- 
towski. Langeron's greatest achievement was the destruction of an en- 
tire French division 25,000 strong at the Katzbach and Loewenberg, 
August 26-29, I & 1 3- This event and Napoleon's retreat in 181 2 are the 
subjects of the editor's introduction, a careful study based upon public 
records at Paris, St. Petersburg, Vienna, and Dresden. A number of in- 
teresting documents from these sources, including Jomini's letters of 
resignation to Napoleon and Berthier, are included in the volume. 

H. M. Bowman. 

American Diplomacy in the Orient. By John Watson Foster. 

(New York and Boston : Houghton, Mifflin, and Company. 

1903. Pp. xiv, 498.) 

It is our Pacific orient that Mr. Foster means by this title, China, 
Japan, and the islands, not Turkey or Persia. Why our Occident has 
been so universally called our orient, it is difficult to say. Perhaps be- 
cause we sailed eastward to reach it or because we simply adopted the 
European term and point of view. 

American diplomacy has largely concerned itself with commercial 
and private interests rather than with high politics, and in consequence 
a thoroughgoing history of it would be a dull affair. But by selection 
and treatment Mr. Foster's book has been made anything but dull. In 
his desire to be interesting he even seems to shrink sometimes from 
the full enumeration of those treaty provisions which are the results of 
diplomacy. Thus in the treaty of 1833 Wltn Siam three lines are given 
to the treaty stipulations (p. 50), while the topics of opium trade prohi- 
bition, the prohibition of importing arms and of exporting rice, and the 
most favored nation clause in respect of duties are all omitted, though 
surely we would be glad to know why the question of opium in Siam was 
thus early treated. 

Foster : American Diplomacy in the Orient 181 

In the dread of being dull, in the desire for picturesqueness, as it 
seems to me, Mr. Foster has been led now and then into a want of pro- 
portion between the trivial and the essential, between the amusing or in- 
teresting details of our diplomatic adventures in the Pacific, and the 
serious sum and substance of their results. It is a question also, for the 
sake of a clear and continuous narrative, whether the dealings with each 
country should not have been related from beginning to end. The form 
adopted has been to give a chapter to the early Chinese treaties, then 
one to our first dealings with Japan, then a description of Hawaii as an 
independent state, and so on. However, on the other hand, we are in- 
troduced to these backward countries at the same stage of their develop- 
ment, so that we get a comparative study of their progress, which is very 
likely more important than a continuous view. 

Mr. Foster's account of our relations with China is clear and fair- 
minded. While emphasizing sufficiently the curious fact that American 
exclusion of the Chinese in these later days so closely parallels the exclu- 
sion of foreigners which China would practice if she could, he does jus- 
tice to those numerous instances of good-will for China displayed by this 
country which show that, compared with others, the United States has 
been truly a friend. Thus the American merchants repaid duties suspended 
during the Taiping rebellion ; the United States returned a portion of the 
Canton indemnity ; it always supported the Chinese endeavor to forbid 
the import of opium, in contrast to British policy ; it has only twice used 
force against China in spite of provocation ; and Mr. Hay's recent course 
has been in line with these precedents of friendliness. Twice have our 
presidents vetoed anti-Chinese legislation ; twice has the general govern- 
ment paid indemnity for anti-Chinese riots ; once only has drastic domes- 
tic legislation violated treaty, and then after a brief interval it was legalized 
by treaty. So that on the whole we may say that in spite of local pre- 
judice against the Chinese and of statutes dictated by that dislike, the atti- 
tude of the general government has been correct. Chinese statesmen have 
realized that the United States has had no sinister designs upon Chinese 
territory. And Li Hung Chang's statement that the German aggressive- 
ness in Kiauchau was more than any other one thing the cause of the 
Boxer outbreak, quoted by Mr. Foster (p. 416), is in the same line. 
That missionaries have been objected to, not as propagating a hostile 
religious belief, but solely as foreigners, and not more disliked than foreign 
merchants, is forcibly declared. In fact Mr. Foster does ample justice, 
though no more than justice, to the part played by the American mis- 
sionaries Williams, Martin, Allen in Corea, Gutzloff, and others in our 
earlier diplomacy. It may be added that Mr. Foster's own service under 
the Chinese government, as well as under our own, gives his views peculiar 
interest and value. 

American diplomatic intercourse with China, such as it was, came 
about as the natural outgrowth of a growing trade and the necessity for 
its regulation and protection. There was nothing forced about it. With 
Japan, however, it was different. Perry's expedition was a positive first 

1 82 Reviews of Books 

breach in Japanese exclusiveness. His expedition and negotiations 
furnish Mr. Foster with the details for a dramatic narrative, well made 
use of. Here, too, American friendship to Japan is clearly set forth, 
culminating in our readiness to permit treaty revision which should cast 
off the shackles of a tariff set by the importer and of extraterritorial 
jurisdiction, a revision necessarily to be undertaken only in connection 
with our commercial rivals, and in point of fact not accepted by them 
until after the war with China in 1894. The effect of this war upon the 
international position of Japan is noted. But perhaps Mr. Foster might 
have added the reflection that in the divergent courses of China and 
Japan, the one rejecting, the other making use of modern ideas, we have 
a striking illustration of the fact that even to-day the position of a state 
in political society is the position that it has the power to enforce, and 
no more. Military power, or the possession of resources convertible 
into such power, is still the criterion of international status. Japan has 
been able to perform its international duties and insist upon its rights ; 
China has been unable to do either. 

Our relations with Hawaii are well set forth. The temptation to 
annex these favored islands seems to have been irresistible with half the 
European squadrons which visited them. That the United States could 
permit no such step is made clear. But that one administration after 
another disclaimed any desire to annex the Hawaiian Islands is not 
brought out. Yet with the exception of Mr. Marcy's oft-quoted despatch 
of 1853, there is hardly a state paper treating the question, from 1840 to 
the overthrow of the monarchy, which does not express this idea. Nor 
does Mr. Foster bring out the technical fault of American recognition 
of the new government in 1893, the day after the revolution, before the 
rest of Oahu and the other islands could show whether the new govern- 
ment had popular support or not. This was in violation of our usage in 
such cases. 

These, however, are minor criticisms. The book is clearly and 
interestingly written, is eminently fair-minded, and should be read by 
those who desire knowledge of our relations with a part of the world 
whose future line of development is stdl so obscure. But that these 
relations are likely to be closer than ever before and to be fraught with 
great consequences to this country, we cannot avoid believing. 

Theodore S. Woolsey. 

The True Abraham Lincoln. By William Eleroy Curtis. ( Phil- 
adelphia and London : J. B. Lippincott Company. 1903. Pp. 
xiv, 409.) 

A "true" biography without scandal is indeed a novelty, but this 
is the only strikingly original feature of Mr. Curtis's book. The author 
forfends criticism on this point, however, by stating that there were "no 
mysteries in his career to excite curiosity." "Of such a man, wrote a 
well-known writer, the last word can never be said. Each succeeding 
generation may profit by the contemplation of his strength and triumph." 

Curtis: The True Abraham Lincoln 183 

The verdict on the book must rest, therefore, on its peculiar adaptation 
to the needs of the present generation. 

The topical method adopted in this series frankly dismisses the more 
difficult problems of construction ; those peculiar to it Mr. Curtis han- 
dles with some skill, but he fails to manifest that constant care in cor- 
relating facts which is so necessary to prevent repetition and contradic- 
tion. "John Johnson, Lincoln's step-brother," on page 30 is "John 
D. Johnson, his step-brother," on page 32 ; and Lincoln's temperance 
views on page 286 are not precisely those recorded on page 381. No 
amount of care and skill, moreover, could possibly disguise the fact that 
this form of treatment is not suited to a life of Lincoln. He was not 
versatile as were Franklin and Jefferson, nor was his career many-sided 
as was that of Washington. He occasionally applied his wonderful in- 
sight to the problems of diplomacy and war, but the central point of Mr. 
Curtis's chapters on "A Prairie Politician," "A President and His 
Cabinet," "A Commander-in Chief and his Generals," and "A Mas- 
ter in Diplomacy " is his ability to handle men ; and nine-tenths of the 
contents of these chapters could be interchanged without altering their 
character. More serious is the fact that the disregard for chronology 
causes us to lose sight of the most significant feature of Lincoln's life 
— his continuous development. 

This last criticism is closely akin to a word of praise. Undoubtedly 
many writers have overestimated the squalor of Lincoln's youth in order 
to enhance the story of his rise. Mr. Curtis is thoroughly conversant 
with the results of recent investigations into Lincoln's family and boy- 
hood, and he presents material with regard to them which will be novel 
to many of his readers. In general he shows acquaintance with the best 
works on his subject. It is natural that a life of Lincoln should be 
saturated with anecdotes ; in the thirty-six pages of the chapter on " How 
Lincoln appeared in the White House" are forty-seven; the average 
through the book is one to a page. It is not Lincoln alone that Mr. 
Curtis's modesty allows to speak, but many writers about Lincoln. Of 
the twenty-six pages of the last chapter, fifteen are in quotation-marks ; 
Chapter IV., with twenty out of fifty pages quoted, is normal. The 
book is prefaced with a stanza from Lowell's Commemoration Ode 
and concludes with a quotation from Emerson. These many voices, 
though a little discordant on minor matters, all harmonize in accomplish- 
ing Mr. Curtis's design "to portray the character of Abraham Lincoln 
as the highest type of the American" (p. 1). "His errors were due 
to mercy and not to malice ; to prudence and not to thoughtlessness or 
pride ; to deliberation and not to recklessness" (p. 394). 

The style reveals the newspaper correspondent ; bright and readable, 
it is marred by loose and ambiguous phrases. " Never was an audience 
more completely electrified by human speech " (p. 105) ; Seward could 
not have been defeated by " a combination of the minority " (p. 197); 
and the context shows that Mr. Curtis does not consider that " avarice 
was the least of " Lincoln's "faults" (p. 74). This looseness some- 

1 84 Reviews of Books 

times extends to the logic ; Mr. Curtis can hardly think that to return a 
private favor with an Indian agency was a notably " honorable dis- 
charge " of obligation (p. 34). 

The lack of historical background is distinctly lamentable. If the 
sentence, "During long years of controversy, the pro-slavery party had 
hope of ultimate triumph, but until the election of Lincoln there was no 
actual treason or revolutionary act" (p. 161 ) means anything, it is the 
expression of a view long since discarded. The "Secessionists" did 
not control both houses of Congress in February, 1861 ; and the danger 
feared with regard to the counting of the electoral vote was military and 
not legislative (p. 166). Scarcely the most rabid Republican of 1861 
would have called President Buchanan and General Duff Green "rebel 
leaders" (pp. 162-163). The men who came into conflict with Lincoln 
are almost invariably led by the most personal of motives. Douglas was 
"compelled to choose between the favor and support of the Buchanan 
administration and that of the people of Illinois. As the latter alter- 
native was necessary to his public career, he adopted it" (p. 108). 
The treatment of Chase is extremely harsh. 

Errors of typography are few and the dates are generally accurate, 
but there are a few slips of the pen; on page 187 Buchanan should be 
Pierce, and on page 207 Seward should be Chase. The illustrations are 
well selected, including eight pictures of Lincoln, and are attractively 
reproduced. The index is slight and inaccurate. 

C. R. Fish. 

Militaries of a Hundred Wars. By Edward Everett Hale. 

(New York: The Macmillan Company. 1902. Two vols., 

pp. xiv, 318 ; ix, 321.) 
Colonel Alexander K. Me Ct lire's Recollections of Half a Century. 

(Salem, Mass. : The Salem Press Company. 1902. Pp. vii, 502.) 

These two works, the one by an octogenarian, the other by one 
nearing the same mile-stone, the first from the facile pen of the well- 
known Boston clergyman and literary man, the second by the almost, 
equally celebrated Philadelphia journalist and sometime politician, at 
once challenge the attention and awaken our interest. Very few men of 
their time have enjoyed a wider or more intimate acquaintance with 
those who were the leaders of the thought and life of the nation for the 
past half-century. 

In view of the title of Dr. Hale's volumes, one might almost be par- 
doned for asking him the same question which he tells us a Philadelphia 
lady in unconscious ignorance put to him at the conclusion of a lecture 
on Washington, namely, whether he was personally acquainted with his 
hero. The Memories, in fact, go back as far as the French and Indian 
War. As the author informs us that his own recollections do not ante- 
date Lafayette's visit in 1825, when Hale was three years of age, it is 
clear thai, a part of the remembering must necessarily be done by proxy. 
Indeed the author explains that they embrace what he happily calls 

Hale: Memories of a Hundred Years 185 

" keyhole views " of " his own generation and of the generation before 
his own," the latter being transmitted to him by the friends of his early 

The work is neither history nor autobiography, but rather a succes- 
sion of reminiscences of anecdotal character with offhand comments 
about many of the leading men and events of our past, loosely strung 
together in a highly entertaining and chatty way. Those who turn to it 
seeking either definite information or well-considered judgments will be 
doomed to disappointment. It leaves much to be desired in the accu- 
racy of its historical details, and too often the violent prejudices of the 
author find free expression in its pages. While there is apparent a cer- 
tain plan and method in the arrangement of the successive chapters, there 
is little continuity in the subject-matter. On the other hand, the peculiar 
charm and interest of the Memories come chiefly from the delightful per- 
sonality of the author, which is revealed on every page. The vivacity 
and naturalness of his style, the wide range of his interests, the variety 
of his experiences, and the frankness with which he gives expression to 
his views — prejudiced though they may be — hold the reader's attention. 

The first volume, which relates chiefly to the generation before his 
own, is the least interesting and valuable, and contains more blemishes, 
particularly where it treats of political affairs. In the second volume 
Dr. Hale deals with his own time, speaking of many of the men with 
whom he has been associated and of the causes with which he has been 
identified. His recollections of the leading orators, historians, and lit- 
erary men of Ne*w England are entertaining, although they could hardly 
be expected to add materially to our knowledge of such familiar charac- 
ters. The most interesting and valuable chapters, it seems to me, are 
those which relate to the antislavery movement and the Civil War. Dr. 
Hale's account of his own pari in the work of the Emigrant Aid Com- 
panies and his relations with Eli Thayer is of the first importance, notably 
the reference to his pamphlet on How to Conquer Texas before Texas 
Conquers Us, written in 1S45 shortly after the admission of Texas, advo- 
cating colonization by the free-states men nearly a decade before this 
plan was employed in settling Kansas. It is such personal experiences 
as these that lead the reader to regret that the author did not reserve 
more of his space for such important and enlightening glimpses into 
the history of his own day. 

There remains the unpleasant task of noting some of the blemishes 
alluded to above. A good example of the extent to which he has ab- 
sorbed, perhaps unconsciously, the prejudices of the old New England 
Federalists is seen in his treatment of Jefferson and " poor Mr. Madison " 
and the other members of what he " likes to call the Virginia Dynasty," 
with "their failures and follies, their fuss and feather and fol-de-rol." 
Jefferson as President, he considers, occupies "the place in history 
which a fussy and foolish nurse fills in the biography of a man like Frank- 
lin, or Washington, or Goethe, or Julius Caesar." Again, prejudice is seen 
in his reference to the English government as having " crowded peace 

1 86 Reviews of Books 

down the throats of the American envoys," at the close of the War of 
1S12. One can readily permit the author of The Man without a Country 
the privilege of devoting some twenty pages to the relatively unimportant 
history of the true Philip Nolan ; but what shall be said of the historic 
judgment which attributes to his unjust execution the origin of American 
enmity to Spain, the annexation of Texas, and our hatred of Spain from 
that day to the recent Spanish-American War? Certainly the reader can- 
not fail to be amused at the suggestion that Texas should erect a statue to 
Philip Nolan, either in the state's own capitol or in that of the nation, 
to perpetuate the resentment of the Southwest to Spanish treachery. 

Dr. Hale tells us that he has "a memory of iron," but it frequently 
proves unreliable in matters of detail, as the following citations attest : 
He refers to Fisher Ames as a member of the Senate rather than of the 
House (I. 17). Jackson's visit to Boston is placed in 1830 (I. 2 7 1 J) 
rather than the correct date, 1833. Webster's speech defending his re- 
tention of office in Tyler's administration is given as in 1841 (II. 38), 
whereas it was in the following year. Webster is spoken of as secretary 
of state in 1844 (II. 35), although he had retired from the cabinet in the 
previous year. He gives the date of South Carolina's Negro Seaman's 
Act as in 1823 (II. 128) instead of 1822. Dr. Hale also errs in think- 
ing that the first national convention was that of the Democratic party in 
1832 (I. 232). It is well known that this institution was the important 
contribution to national politics of the short-lived Antimasonic party. He 
fails to state correctly Clay's share in the Missouri Compromise (I. 234) ; 
and in his treatment of the Monroe doctrine he apparently confuses the 
question of colonization with that of the independence of the South 
American states (I. 246). A little more regard for "modern historical 
realism " and " the dry-as-dust historians," as Dr. Hale calls them, 
would have saved him from these and many other lapses. 

The work is enriched with numerous illustrations, reproductions of 
portraits, broadsides, autograph letters, and other original material. 

Colonel McClure, unlike Dr. Hale, has confined his Recollections 
to the last half-century. His volume likewise is neither an autobiography 
nor a connected history, but a collection of some fifty miscellaneous 
sketches of men prominent in the civil and military history of the repub- 
lic, together with papers upon important events in the nation's life. 
In those character-sketches in which he gives us the results of his per- 
sonal acquaintance he is at his best, and the portrait that he draws may 
usually be accepted as true to life. Unfortunately, however, he has in- 
1 lulled iii this volume a number of papers of a different character which 
arc little more than compilations that any well equipped writer might 
have prepared from secondary works. 

Among the best of the first class may be mentioned his sketches of 
the various presidents from Lincoln to McKinley, his noble tribute to 
Henry Wilson, his sympathetic account of the career of Samuel J. Ran- 
dall, and his able and interesting study of Grant and McClellan, in 
which he contrasts the aggressive and the defensive general. In the main 

Linn: Horace Greeley 187 

Colonel McClure is discriminatingly just in his estimates and dispassionate 
in his criticisms ; only occasionally is his personal bias or prejudice ap- 
parent. His style is that of the experienced journalist, simple and easy, 
although it is not especially picturesque. The work may be considered 
substantially free from errors of fact. 

Herman V. Ames. 

Horace Greeley, Founder and Editor of The New York Tribune. By 

William Alexander Linn. (New York : D. Appleton and 

Company. 1903. Pp. xiii, 267.) 

This volume is the third in Appletons' " Series of Historic Lives." 
Thwaites's biographies of Father Marquette and Daniel Boone preceded 
it, and A. C. Buell's sketch of Sir William Johnson is now its successor. 
Mr. Linn's studies of character in his excellent Story of the Mormons 
probably afforded him less preparation for this portraiture of Horace 
Greeley than he derived from his experience as a journalist in New York 
city and in the office of the Tribune. He has, therefore, enjoyed the 
advantage of a personal acquaintance with his subject. ...; 

Throughout this little volume the skill of the expert news-writer is 
pleasantly evident. The story runs quickly and lucidly. There is no 
verbiage. The dramatic situations are seized, and Greeley is made to 
reveal, usually in his own words, the defects and the virtues of his per- 
sonality. In the preface the outline of the whole sketch is condensed 
into one sentence : 

... A gawky country lad, with a limited education and a slight 
acquaintance with the printer's trade, comes to the principal city of the land 
with a few dollars in his pocket and a single suit of clothes, and fights a 
fight the result of which is the founding of the most influential newspaper 
of his day, and the acquirement of a reputation as its editor which secures 
for him a nomination for the presidency of the United States. . . .(p-S). 

In less than sixty pages is summarized the story of Greeley's earlier 
career, of his evolution from a poverty-stricken country boy in New Eng- 
land into an editor of a literary weekly in New York city, a Whig poli- 
tician and pamphleteer, and a protege of Thurlow Weed. Fifty pages 
more contain the story of the foundation of the Tribune in 1841, and an 
analytical estimate of the relations between Greeley's personality and the 
newspaper that he had created. One chapter is devoted to Greeley's 
advocacy of a protective tariff down to the era of the Mexican War, 
and another chapter to the attitude of Greeley and his paper towards the 
slavery question down to the outbreak of the Civil War. 

In the decade 1850-1860 Greeley stood at the zenith of his influence 
and reputation. His word was law among the northern farmers, who 
had learned to read the Weekly Tribune as though it were a weekly 
Gospel. Raymond's Times was probably more popular in New York 
city than the Tribune, but Raymond himself, when berating Greeley for 
his unrelenting opposition to Seward's nomination in i860, referred to 
the Tribune as "the most influential political newspaper in the coun- 
try." Perhaps Bennett's Herald had more readers, yet Bennett was not 

i s 8 Reviews of Books 

highly respected, and no one thought of the Herald as an oracle. But 
Greeley had become the journalistic representative of the conscience of 
the North. Only Governor Seward knew what unworthy passions had 
warped the great editor, and until i860 Seward kept that knowledge to 

In the last two chapters Mr. Linn presents the evidences of Greeley's 
decline and fall, his fierce yearning for office, his jealousy of Raymond 
and the Times, his puerile egotism and lack of balance, his distrust and 
captious criticism of Lincoln, his friendliness with the more disreputable 
elements of the local Republican party who followed the fortunes of Reu- 
ben E. Fenton, and finally the extraordinary pliability which made him 
the presidential candidate of his lifelong enemies. 

Incidentally Mr. Linn makes it plain that Greeley profited by the 
advice and assistance of a remarkable company of associates. Men like 
Henry J. Raymond, Sidney Howard Gay, Charles A. Dana, and George 
Ripley helped to make the Tribune, to build up the influence of its 
editor-in-chief, and to correct the vagaries of that versatile genius. Mr. 
Linn barely glances at the vulgarities of speech and manner which so 
often made Greeley appear to his companions like an overgrown and 
badly-trained boy. Indeed, if the gossip that still circulates among those 
who knew Greeley is true, it would be impossible to put in print a faithful 
description of the man in his petty moods, and yet he was the very soul 
of courtesy and tenderness to those who could claim his affection, and 
even to those who could not he was often over-generous. 

A man of genius and a lovable nature, he was, nevertheless, as Mr. 
Linn suggests, a living illustration of the need of a thorough training in 
the schools. Horace Greeley educated himself by native intellectual 
force,, but it is clear that he never acquired that sanity, steadiness of 
judgment, and self-control which are among the finest flowers of charac- 
ter, and which may be cultivated amid the formative intimacies of col- 
lege life. Mr. Linn's study of the great editor should be read as a com- 
panion volume to Greeley's Recollections of a Busy Life. With the two 
works in hand, it should be easy to evoke once more the attractive, 
powerful, and yet disappointing personality of Horace Greeley. 

Charles H. Levermore. 

The Impeachment and Trial of Andrew folinson. By David Miller 
Dewitt. (New York: The Macmillan Company. 1903. Pp. 

This hook is one of the most important which have yet appeared 
dealing with that comparatively untouched field, the Reconstruction 
period. It is something more than an account of the impeachment and 
trial ; it is also a picture-gallery and presents several old faces in colors 
nol altogether familiar to students or creditable to the originals. The 
introdu< lion, more than one hundred pages, is devoted to a statement of 
the theories and problems of Reconstruction and to an account of the 
struggle between the President and Congress to carry out their respective 

Dcwitt: Impeachment and Trial of Andrew Johnson 189 

plans. The rest of the book gives a very full account of the various 
unsuccessful attempts at impeachment, the impeachment, the trial, and 
the acquittal. Speeches made in Congress and by the President are 
epitomized .and quoted freely. The book might very well be called 
"The Vindication of Andrew Johnson," but, be it said to the credit of 
the author, in vindicating a much maligned President he has seldom dis- 
played offensive partizanship ; he has simply allowed the actors in this 
not very creditable drama to speak for themselves. 

It has frequently been charged that President Johnson was largely 
responsible for bringing on the conflict with Congress. Professor Bur- 
gess, who certainly cannot be charged with partiality toward Congress, 
says that he was " low-born and low-bred, violent in temper, obstinate, 
coarse, and lacking in the sense of propriety." But if he displayed 
violence of temper and vindictiveness of spirit, Mr. Dewitt shows that 
he did so under great provocation. Even his conduct on the famous 
"swing around the circle," which affords a good example of his coarse- 
ness and lack of dignity, may be explained, though not excused. Up 
to and including the veto of the Freedman's Bureau bill, the President 
can hardly be said to have done anything to provoke Congress except to 
point out with irrefutable logic the unconstitutional ground upon which 
Congress was treading. Soon after this followed the notorious speech of 
February 22, in which he used language unbecoming to his station and 
highly exasperating to Congress. Yet Senator Sherman pointed out that 
he had been provoked by men in and out of Congress who had classed 
him with Arnold and Burr and had said that he deserved to lose his 
head as Charles I. had done. 

Over against this combative disposition of the President the author 
has set forth the characters of his leading opponents. Thaddeus Stevens 
is described as the "soul of vindictiveness" and is compared to Marat 
for the "audacity " of his convictions. The limitary provisions of the 
Constitution gave him no trouble. This leader of the opposition was 
also a leader in insolence, as is shown by his ironical defense of the Presi- 
dent against the charge that he was " an insolent drunken brute, in com- 
parison with whom even Caligula's horse was respectable.". Sumner is 
compared to Robespierre in his indifference to the lives of men who threw 
themselves in his way. Human rights, in the abstract, were the object 
of his intellectual worship, though he cared naught for the individuals to 
whom the rights belonged. If there was any doubt about the guilt of 
this "successor of Jefferson Davis", said he, it should be resolved ac- 
cording to the "law of the majority." The President's "barefaced 
treachery" made him "alone in bad eminence, alone in the evil he has 
done. ' ' This characterization is all the more surprising since even Senator 
Ross credits Sumner with a desire to deal fairly with the President. 1 

The attempt of Ashley, Butler, and Boutwell to implicate Johnson in 
the assassination of Lincoln is not very creditable either to their honesty, 
mental penetration, or sense of justice. Boutwell clung to the notorious 

1 Forum, XX. 222. 

ioo Reviews of Books 

Conover, alias Dunham, who implicated Johnson in the plot, even after 
being confronted with his perjury ; and Ashley actually sought to secure 
the pardon of this scoundrel by the President in order to secure through 
the man thus set free evidence convicting of complicity in the murder of 
his predecessor the one who exercised the clemency. 

It is now generally acknowledged that Grant comes out of this con- 
troversy with a record by no means enviable. According to Mr. Dewitt's 
account, which bears the stamp of veracity, if Grant's own admissions 
may be relied upon, the general's conduct in failing to hold the office of 
secretary of war or to deliver it to the President after the Senate refused 
to sanction the dismissal of Stanton cannot be very easily palliated. 
There seems to be no question that up to the time of his surrender of the 
office to Stanton, Grant left upon the mind of the President the impres- 
sion that he accepted the office ad interim as his friend in order to help 
him get rid of Stanton. But now the general admits that he accepted it 
for the purpose of circumventing Johnson in his wish to appeal to the 
courts to rid himself of an obnoxious secretary. " This tacit deception," 
says the President, " is allowable in the ethics of some people." 

But the most discreditable record of all is that of the protean Stanton. 
He has been pictured as one of the few reliable patriots in Buchanan's 
cabinet, the Atlas whose mighty efforts saved the Union from utter ruin 
before the inauguration of Lincoln, and as a great war secretary. His 
administrative ability does not seem to be questioned, but Mr. Dewitt 
presents a far different account of his political career. The picture here pre- 
sented is that of a double-dealer, a two-faced man, to use no harsher terms, 
a man who always sought to be on the winning side. There is a strange 
ring about the patriotism which prompted him to write to Buchanan after 
the outbreak of hostilities and assure him that his policy had been vindi- 
cated and that " Jeff" Davis would soon " turn out the whole concern," 
referring to Lincoln's cabinet. While " cursing Mr. Lincoln himself 
with bitter curses " for suppressing freedom of speech, he was on terms 
of intimacy with the radical element of his cabinet and approving " im- 
portant passages " recommending freeing and arming the slaves in their 
reports. At last he succeeded in working himself into Lincoln's cabinet, 
an appointment made with reluctance at the earnest solicitation of Sec- 
retary Cameron. Throughout the first two years of Johnson's adminis- 
tration he gave his support in most cases and his cordial acquiescence 
in others to the most of the President's plans, but at the same time kept 
up a sort of connection with the radical element in Congress. When the 
Tenure-of-Office bill was laid before the cabinet, no member was more 
emphatic than Stanton in his views as to its unconstitutionality. But 
soon after the passage of this bill he threw off the mask. 

The shamelessness of the Senate is laid completely bare. That body 
was deliberately packed in violation of law and justice for the avowed 
purpose of bringing about condemnation. Senators declared their inten- 
tion to vote for condemnation even before the evidence had been heard. 
I'roof? What need of proof beyond "common fame," "common re- 

Dezvilt : Impeachment and Trial of Andrew Johnson 191 

port of misconduct " ? Evidence vital to the defense was deliberately 
shut out. The pressure brought to bear upon doubtful senators to secure 
their votes for condemnation would have been unworthy of a Tudor Par- 
liament passing a bill of attainder. This was done in no haphazard way, 
but systematically, by the "Union Congressional Committee," to which 
even senators belonged. But all to no purpose. In spite of a mosaic 
article patched up out of the others in the hope of securing the doubtful 
votes for conviction by the " obscurity of its charges and the intricacy of 
its forms," the one vote necessary was lacking, and Andrew Johnson was 

But the vindictive House was not satisfied. Spies had been set 
upon the President and Chief-Justice Chase, and now a movement was 
set on foot to investigate whether the acquittal had not been secured by 
bribery, pointing directly at Senator Ross. This, however, the Senate 

It is one of the ironies of history that the President's accusers should 
now stand condemned on the very charges which they brought against 
him — vindictiveness, coarseness, lack of dignity. While they were 
nervous, excited, peevish, irascible, and abusive, he was calm, dignified, 
even cheerful, demeaning himself as an extraordinary man. One thing 
in particular which is indicative of nobility of character was his suppres- 
sion of the reason of Black's withdrawal from the defense at a time when 
this was being thrown in his face as a sign of the weakness of his cause. 
Is the reader surprised at this picture, or series of pictures, presented by 
the author? They appear to have been made up of material the reli- 
ability of which it would be hard to impeach. 

In spite of the flimsy character of the charges, this trial was a highly 
dramatic event. The suspense of the country was intense and the com- 
monly-accepted notion is that the same was true of the Senate until 
Senator Ross had answered " Not Guilty." Herein the author has 
shown his ability to appreciate dramatic effect and has imparted to the 
reader something of the suspense which held a nation's breath. There 
is a story to the effect that the suspense was not so great in the Senate, 
at least on the part of all ; that, in fact, there was some kind of an 
arrangement for the acquittal of the President. However, this story, 
which is hardly more creditable to the Senate than the trial, has never 
been fully proved and does not deserve repetition here. 

On the whole the style is good, but a few slips occur. The author 
refers to " Hancock's celebrated order" (p. 315), but does not explain 
what that order was. At page 325 he says that Grant had been "en- 
gaged in a conference with General Sherman and many little matters." 
He also tells us that "Sumner out with the naked truth" (p. 190). 
The expression "of like kidney" is rather offensive to a reader of re- 
fined taste. 

David Y. Thomas. 

T Q2 Reviews of Books 

Aas Eduard Lasker's Nachlass. Von Eduard Lasker. Edited by 
Dr. Wilhelm Cahn. (Berlin : Georg Reimer. 1902. Pp. vi, 168.) 
The house of Georg Reimer in Berlin has distinguished itself more 
than once by undertaking the publication of historical material of the 
first order, independently of the question whether it might reasonably 
anticipate immediate pecuniary returns. One of its last contributions 
for which we venture to express the gratitude of students is the first part 
of Lasker's memoirs. 

This first part covers the parliamentary activity between 1866 and 
18S0, years which may be said to represent the golden time of German 
constitutional government — the period during which Bismarck needed 
the liberal party for his schemes of national federation. In this liberal 
party he found the brains capable of popularizing a movement which had 
many opponents among those who dreaded any innovation. In those 
days the liberals of Germany were the warmest Bismarckians, for Bis- 
marckianism was then synonymous with liberalism. In that golden age 
Bismarck paid his court to those who soon afterwards were publicly 
branded as traitors to the crown. We have but to recall such names as 
Mommsen, Wirchow, Bunsen, Bamberger, and finally Lasker. The stu- 
dent of modern Germany cannot afford to miss these pages of Lasker, for 
while he was a man little given to demonstrative activity, he was, like 
Bamberger, a keen observer, a man of profound study, a cool, impartial 
(objectiv), statesmanlike politician, and as such a reporter of his times 
who cannot fail to rank as first-rate authority. 

It seems but yesterday that we had the pleasure of greeting Lasker in 
New York. It was in the winter of 1S83/1884. He died in our midst, 
mourned sincerely by German liberals throughout the world. Such men 
as he are necessarily more rare in Germany than in England or America, 
for the reason that Germany offers scarcely any means of livelihood or 
distinction to any man who has not from babyhood been trained by a 
paternal government to think only what the government has first pro- 
nounced to be fit for thought. Much of Bismarck's greatness arose from 
the fact that his ambitions coincided with the convictions of Germany's 
most eminent thinkers. When, after 1876, Bismarckianism came to 
represent other aims, notably protection, then the thinkers of Germany 
who did not change their manner of thinking to suit the exigencies of 
the Wilhelm Strasse found themselves denounced by the government as 
renegades, unpatriotic cosmopolitans, bad Germans — in short, every 
name that party bitterness could suggest. 

Lasker's plea for free trade (p. 136) might well have been spoken 
on the floor of the American Senate as well as in the Reichstag, for it 
raises the controversy high above the mists of Bismarckian opportunist 
skirmish up into the high and dry light of statesmanlike discussion. The 
protectionist arguments of Bismarck were from the standpoint of a single 
class or political fraction whose votes he needed. The language of Lasker 
is that of a statesman who as a member of the imperial parliament knows 

Bryce: Studies in Contemporary Biography 193 

no higher duty than that which he owes to the whole empire. Those 
who wish to understand the causes of Bismarck's ultimate fall in 1890 
will seek for it in vain in the memoirs of the Iron Chancellor or in the 
writings of those who regard him as having been sacrificed to the ambi- 
tion of his emperor. Bismarck was successful so long as his duties lay in 
exercising the talents which had earned for him the nickname of Iron 
Chancellor. When, however, after the adoption of the federal imperial 
constitution, other qualities besides those of the man of iron were needed, 
Bismarck commenced to move gently downward through a series of poli- 
tical errors which even he, with the whole machinery of a servile press 
and bureaucracy, could not wholly conceal from the public or from the 
penetrating eyes of the present Emperor. On this theme Lasker in the 
little work we are discussing throws many interesting side-lights. 


Studies in Contemporary Biography. By James Bryce. (New York : 

The Macmillan Company ; London : Macmillan and Company. 

1903. Pp. ix, 487.) 

This volume is intended especially for the general reader, but is also 
worth the careful attention of the historical student, not only because 
any fragment of Mr. Bryce' s work is of interest, but because a historian 
who is also a prominent man of affairs here presents us with the cream 
of his personal experience in studies of the most prominent figures among 
his associates in the English public and scholastic life of the later nine- 
teenth century. The selection may seem at times a somewhat arbitrary 
and uneven one, and from the point of view of the adequate representa- 
tion of the author's notable contemporaries there are certainly important 
omissions ; this is apparently due not only to the confining of attention 
to those who have died, but also to the degree in which the writer was 
guided by the element of personal knowledge. The list bears striking 
testimony to the wide extent of the interests and friendships of Mr. Bryce, 
since with most of the men here treated he was on an intimate footing. 
One or two names (as that of Edward Bowen, an assistant master at 
Rugby) that are unknown outside of comparatively narrow English cir- 
cles are included. In the effort, as the author says, " to do what a friend 
can do to present a faithful record of their excellence which may help to 
keep their memory fresh and green." One is not inclined to cavil at 
such an effort, especially as in the case of Bowen the sketch serves to set 
strongly before the non-English (and particularly the American) reader 
how in England even a subordinate teacher in a great public school may 
in some degree become a national figure. We are warned in the preface 
that " these studies are not to be regarded as biographies even in minia- 
ture. My aim has rather been to analyse the character and powers of 
each of the persons described, and as far as possible, to convey the im- 
pression which each made in the daily converse of life." 

There are in all twenty studies : Lord Beaconsfield, Dean Stanley, 
T. H. Green, Archbishop Tait, Anthony Trollope, J. R. Green, Sir 

AM. HIST. REV., VOL. IX. — 13. 

i c^ Reviews of Books 

George Jessel, Lord Cairns, Bishop Fraser, Sir Stafford Northcote, Par- 
nell, Cardinal Manning, E. A. Freeman, Robert Lowe, W. Robertson 
Smith, Henry Sidgewick, E. E. Bowen, E. L. Godkin, Lord Acton, 
W. E. Gladstone. Critical examination is not necessary to show that 
we are under a large debt to Mr. Bryce for these studies. They are pri- 
marily records of the impressions made by recent famous Englishmen 
upon one of the most distinguished of their associates, a man who is 
also one of the most keen and cosmopolitan observers of his time ; as 
such they could not fail to be helpful. They are all marked by insight 
and candor ; whether Mr. Bryce is writing of close friends or of those 
(as Parnell) whom he evidently was not prepared to admit to his friend- 
ship, we can have no suspicion of his entire fairness. There is still evi- 
dence of special research, but this is in entire keeping with the aim of 
the author and the desire of the intelligent reader ; even if the time had 
come for elaborate biographical labor in these cases, and even if we could 
desire Mr. Bryce to give his time to this, it is improbable that such effort 
would have made the sketches any more worth while to us. They are all 
carefully written, are in a high degree interesting, and are frequently 
marked by felicitous phrases and characterizations, by keen distinctions 
and telling generalizations. Not infrequently, too, we find valuable ad- 
ditions to our information on recent events from the vantage-ground of 
the author's inside knowledge ; as when we are told of Parnell that " he 
had no grasp of constitutional questions, and was not able to give any 
help in the construction of a Home Rule scheme in 1886 " (p. 230). 

Two of the papers much exceed the others in extent and are mani- 
festly the fruit of special effort — that on Disraeli, which opens the vol- 
ume, and that on Gladstone, which closes it. There is nothing startling 
in either, but both are acute and penetrating and throw much light upon 
the men ; it is not strange, perhaps, that neither is quite satisfying. The 
Disraeli one is somewhat unsympathetic, and it may be doubted whether 
Mr. Bryce was in a position to observe very fully or quite adapted to 
comprehend fully this baffling figure. He tells us in the preface that he 
did not know him personally. In the case of Gladstone one cannot but 
suspect our author of being still in some degree under the glamour of his 
great leader, and one doubts whether Gladstone will continue to hold in 
English annals the place that Bryce would assign him. However that 
may be, nothing could be more open-minded than the manner in which 
he discusses natures and careers the complexity and problems of which 
ho feels very strongly ; and no student of these men will do well to 
neglect his analyses. Next to these the most interesting sketches for 
students of history will probably be those of J. R. Green, Freeman, and 
Lord Acton. Green he rates as a great historian, much higher than the 
later period of distrust has left him ; his comments on Freeman do not 
provoke dissent; and he throws some new light on the dim and attrac- 
tive figure of Lord Acton. 

On the whole it must be acknowledged that Mr. Bryce was fortunate 
in his friends, and that this group of latter-day Englishmen seem for the 

Noyce: England, India, and Afghanistan 195 

most part to have been as wholesome and attractive in their personalities 
and personal relations as they were effective and vigorous in their life- 
work. Great and little, they form a pleasant and stimulating company. 

Victor Coffin. 

England, India, and Afghanistan. An Essay upon the Relations, 
Past and Future, between Afghanistan and the British Empire 
in India. [The Le Bas Prize Essay, 1902.] By Frank 
Noyce, B.A. (London : C. J. Clay and Sons ; New York : 
The Macmillan Company. 1902. Pp. xii, 174.) 
This book, as the title indicates, is a monograph treating historically 
of one phase or division of the problem of Asia. The author deserves 
congratulations because of the motive with which the task was under- 
taken and because in no other place within so small a compass, certainly, 
has the question of Afghanistan in its unity been described for the stu- 
dent of world politics. Beginning with a brief introductory survey of 
the earlier relations of Afghanistan to India, Mr. Noyce summarizes in 
twenty pages the disastrous history of the first Afghan War. The middle 
period, from 1842 to 1875 (pp. 32-69), is followed by chapters on the 
second Afghan War, on the reign of Abdur Rahman Khan (1880-1901), 
and on the present state and future prospects of the problem. In the 
opening pages the author rightly points out the difficulty which the results 
of party government often place in the way of the investigator in modern 
foreign politics. A large part of the literature dealing with almost any 
British imperial interest of the last century has been affected not merely 
by national prejudice but by party rancor ; thus even if ability and oppor- 
tunity for accurate information be granted in certain writers, it may be 
necessary to discover their views concerning Parliamentary reform, the 
adoption of free trade, or Irish home rule, in order to judge whether their 
conclusions with respect to Papineau's rebellion, the labor question in 
Jamaica, or the Armenian massacres can be accepted as non-partizan. 
In this respect if not in others this book is safe ; for the reviewer has 
tried in vain to discover the author's party affiliation. But, though 
praise and blame are on the whole fairly distributed to the various agents 
of the unstable policies evolved between Westminster and Simla, the 
general impression gathered is that national prejudice has not been so 
successfully eliminated. Aside from phrases here and there such as that 
found on p. 173 ("the contempt of the Mahomedan {sic) religion 
they [the Russians] have shown in Central Asia "), which is erroneous, 
the author has failed to realize that his inadequate treatment of Rus- 
sian policy, which amounts almost to an exclusion, must result in the 
mystification of the reader as to the inwardness of Central Asian politics. 
The lack of any save English authorities (the Autobiography of Abdur 
Rahman Khan excepted) in the very short bibliography is further evi- 
dence of the insular attitude of the author, while such a reference as 
occurs on p. 124 to the "untutored Oriental " should certainly give 

iq6 Reviews of Books 

It was inevitable that as British prestige and dominion increased in 
India, the sphere of British Asiatic policy should become continental as 
well as maritime. Yet the inauguration of diplomatic negotiations with 
both Persia and Afghanistan might well have been postponed for many- 
years, had not Napoleon Bonaparte by his Egyptian expedition and later 
by his alliance with Russia alarmed English rulers in India. The author 
recognizes the influence of the French, but fails to show how thoroughly 
persuaded were such men of affairs as Henry Dundas (Lord Melville), the 
Marquis of Wellesley, Lord Nelson, and Sir John Shore (Lord Teign- 
mouth) that British power in India was seriously endangered by Napoleon's 
plans, and that an active diplomacy in lands to the north and west of 
India was essential. The missions of Malcolm to Teheran and of 
Elphinstone to Kabul (1801, not 1802 as on p. 16) were results of 
Napoleonic politics. Later the substitution of Russia for France as the 
threatening European power further emphasized the importance of 
Afghan politics to British India. The summary of the period 1835- 
1876 is confused, though it shows appreciation of the necessity of the 
historical method in the study of a contemporary problem. The author 
condemns Lord Auckland unreservedly for the first Afghan War, but is 
uncertain regarding Lord Lytton's personal responsibility in 187 7— 
1S78. He states (p. 71) that Lord Lytton "knew singularly little of 
India when he started to govern it, and his opportunities for inde- 
pendent study were limited by the fact that he was chosen to be the 
instrument for executing a policy preconceived by his political 
leaders." But on the next page we find that " Lord Lytton was given a 
very free hand by his leaders," and on p. 98 a parallel is drawn between 
Bismarck's use of the Benedetti incident at Ems and Lytton's use of the 
Ali Masjid incident in 1878 — " in each case a scheming statesman was 
supplied with a pretext, for which he had long wished for bringing about 
a war he eagerly desired." The ignorance of Lord Salisbury and his 
ill-conceived assumptions in essential matters as shown in despatches 
{Afghan Blue Book, 1878, pp. 128, 224), when added to the mistakes 
of Lord Lytton, resulted in a diplomatic and administrative collapse 
from which only the army under Roberts could extricate the British. 
The twenty years of Abdur Rahman Khan are favorably reviewed ; and 
in the last chapter the author after discussing various possible occur- 
rences concludes that the status <juo is safe for a time under Habibullah, 
and that Great Britain should continue to support an independent friendly 
government in Afghanistan as long as possible. 

The book is written in a confused style, the language here and there 
being doubtful in point of grammar ; and certain archaic forms of English 
spelling are found, such as "shew." In the matter of oriental names 
the results are distressing and often inconsistent, e. g. Vakil and Wali, 
Mohamed and Mohammedan. Throughout are found Moghul for 
Mughal, Mahratta for Maratha, Peishwa for Peshwa, Mahdaji Sindia 
for Mahadaji Sindhia, jehad tot jihad, Mohamed for Muhammad, etc. 
General Abrahamoff (p. 89) may be a printer's error for Abramov. 

Minor Notices 197 

However, in comparing this book with earlier Le Bas prize essays the 
reader will be impressed with the decided advance in method and scholar- 
ship, though he will regret that as the foot-notes have come in style has 
gone out. Alfred L. P. Dennis. 

A Short History of Rome. By W. S. Robinson, M.A., formerly 
Assistant Master at Wellington College. (New York, Longmans 
Green, and Company, 1903, pp. viii, 486.) The author declares in 
his preface that while wars and politics "are not, it is said, all the life 
of a nation . . . they are that part of its life which determines its 
fate, and it is in the behaviour of a nation in its wars and politics 
that we can study its character." Whether this dogma be correct or 
not, his book must be judged from the success with which he has carried 
out his own theory of historical interpretation. The principle thus enun- 
ciated has been applied with remarkable faithfulness and persistence. 
A chapter on Roman Literature, which is simply a chronological list of 
authors with very brief notices of each, and a similar chapter on Roman 
Life are the only exceptions. Even the many interesting questions 
of Roman constitutional history do not suffice to draw him aside for 
more than a few lines. Such a mode of treatment naturally brings 
individuals into prominence and gives an opportunity for the por- 
trayal of the characters of the great men of Rome. The preface, again, 
explains that the attempt has been made "to tell the story so as to 
arouse some interest in the personal fortunes of the actors in the great 
drama of war and politics, which developed a single small republican 
state into a world empire under the sway of a single ruler." This prom- 
ise is not fulfilled ; clear, simple, and concise the style is, but it is at 
the same time dry, and the greatest men along with the least are very 

Of the four hundred and twenty-five pages devoted to political his- 
tory, three hundred and sixty-four go to the period of the Republic. 
The later period "has been continued, with gradually decreasing de- 
tail, far enough to bridge over the gap between ancient and mediseval 
times." Much space is given to the early period. Here narrative alter- 
nates with the explanation that the story is more or less legendary ; 
though explanation is sometimes omitted where it would seem particu- 
larly necessary, as in the case of the legend of the sacred geese (p. 57). 
Such is, of course, the usual method of careful scholars who still hold to 
the orthodox view of early Roman history ; but it is unfortunate that 
such an elaborate process should be necessary, especially in a small 
book, to tell us that we know little or nothing of 'those centuries. 
The account of the wars and politics of the later Republic is the strong 
part of the book. The narrative of the last one hundred years is re- 
markably well balanced, but the consistent neglect of constitutional and 
social history sometimes puts the author in straits. The chapter on the 
establishment of the Principate is, however, excellent, showing that the 
neglect of constitutional history is not due to the inability of the author 

iqS Reviews of Books 

to deal with it. The work ends at about the year 395. In spite of its 
omissions and its faulty proportions, teachers will find it a clear, careful, 
concise, and usable account of the political history of Rome. It has 
more than sufficient merit to make it worth while to supply its deficien- 
cies from other books or by means of lectures. As a work of reference 
for school libraries it will also be of real value, for its treatment of indi- 
vidual themes is often unusually successful. A number of small but use- 
ful maps are inserted in the text. At the head of each chapter are lists 
of important dates and of prominent men. Now and then chronological 
summaries are given. This is the total of the teaching apparatus which 
is provided. A. C. Tilton. 

The Religion of the Teutons. By P. D. Chantepie de la Saussaye, 
D.D. [Handbooks on the History of Religions, edited by Morris Tas- 
trow, Jr. Vol. III.] (Boston and London, Ginn and Company, 
1902, pp. viii, 504.) Professor Saussaye, of Leiden, well known for 
his Lehrbuch tier Religionsgeschichte , here presents a study of Teutonic 
heathenism, tracing its history down to about A. D. 1000, when the 
various tribes had been at least nominally Christianized. Professor J. B. 
Vos, of Johns Hopkins University, is responsible for the English dress in 
which the book appears. The author divides his materials into two parts : 
first, a history of the periods and peoples, embracing eleven chapters, 
which have appeared also in Dutch ; and secondly, a discussion of the 
facts respecting the deities, myths, cults, etc., embracing ten chapters, 
followed by a conclusion. There is a select but extensive bibliography, 
and a good index. 

The book is evidently tentative, as indeed it must be in view of the 
incomplete nature of the evidence at present available in this field. The 
linguistic and archaeological evidence for Teutonic origins is very cau- 
tiously handled, and the same may be said of the statements of Roman 
historians and geographers. Our author hesitates to make any very defi- 
nite affirmations respecting the "prehistoric period," or to draw infer- 
ences from the names of the deities. The favorite theories about the 
original home of the Teutons and their race migrations are treated with 
critical impartiality, and with general skepticism. No parallelism be- 
tween Teutonic and Slavic myths is admitted, nor will the author at- 
tempt to define the boundary between Kelt and Teuton, although he ad- 
mits that such a boundary may now be said to exist. He recognizes a 
" genuine Teutonic kernel " in the heroic saga (Beowulf and the Edda), 
but there is also much later accretion. The religious elements are all 
relatively late. The debt of modern civilization to the Teutons is rightly 
declared to be insignificant, as compared with that to the classic world 
and to Christianity. The book is distinctly conservative, but none the 
less valuable. It marks a real advance toward a sounder knowledge of 
Teutonic antiquity and religion than we have hitherto possessed. 

J. W. P. 

Minor Notices 199 

A History of the American Church to the close of the Nineteenth Cen- 
tury. By the Right Reverend Leighton Coleman, S.T. D. , LL.D., 
Bishop of Delaware. (London, Rivingtons, 1903, pp. 112.) The 
American Church which the Bishop of Delaware has in mind is, as he 
remarks in his preface, "known in law as the Protestant Episcopal 
Church." As a contribution to the series known as "The Oxford 
Church Text Books", the manual is accommodated to the point of view 
of the Anglo-Catholic party. The term Puritan is used interchangeably 
with Dissenters, and in the author's use of it includes Quakers, Anabap- 
tists, and a motley array of minor sects. The spread of the Anglo-Cath- 
olic spirit is shown in considerable detail, but there is a total omission of 
the name of Phillips Brooks. Bishop Coleman's incapacity for writing 
history is shown by his allegation that the Puritans, having stipulated the 
conversion of the Indians as one of the main objects of their charters, 
"showed, upon their arrival in New England, but little regard for the 
spiritual welfare of these ignorant people. They were described by op- 
probrious epithets and at times cruelly assaulted and murdered." Dr. 
Coleman apparently has never heard of the missionary legislation of the 
Massachusetts General Court in 1644 and 1646, of the work and office of 
Gookin, of the missionary zeal of Roger Williams, or of the Mayhews. 
It would appear, however, that knowledge or ignorance is a matter of 
selection, for Eliot's missionary work and its large results are credited to 
the Church of England on the ground that Eliot before leaving England 
had been ordained in the Church of England. 

Francis A. Christie. 

The Lords Baltimore and the Maryland Palatinate. By Clayton 
Colman Hall, LL.B., A.M. (Baltimore, John Murphy Company, 1902, 
pp. xvii, 216.) For this little volume we are indebted to the Maryland 
Society of the Colonial Dames of America, which made provision for 
the six lectures contained in it ; to the faculty of Johns Hopkins Uni- 
versity, who selected the particular subject and appointed the lecturer ; 
and to Mr. Hall, who first delivered the lectures at that university and 
later gave them to a larger public in the form in which we now have 
them. In preparing these lectures Mr. Hall undoubtedly looked more 
closely into the Calvert Papers than had any previous writer in this field, 
and the result is that he has here and there thrown some new light on 
the personalities of the Lords Baltimore and on the dispute over the 
boundary between Maryland and Pennsylvania. Other than this, the 
chief value of his work lies in his cautious, concise, and dispassionate 
narration of many interesting events in the history of colonial Maryland. 

The first lecture tells of George Calvert, the first Lord Baltimore — 
his education, his service to King James I., his conversion to the Roman 
Catholic faith, his unsuccessful attempt to found Avalon, his successful 
application for the Maryland charter, closing with an estimate of his 
usefulness and true worth. The second and third lectures are devoted to 
an account of the administration of the government during the pro- 
prietorship of Cecilius, second Lord Baltimore. In them the author 

200 Reviews of Books 

enumerates the lord proprietor's powers and Cecilius's first instructions, 
tells of his troubles, discusses the steps taken for the promotion of re- 
ligious toleration, and gives the judgment of each of several writers on 
Cecilius's character. The fourth lecture continues the narrative under 
the administration of Charles, third Lord Baltimore ; and from the way 
in which Charles contended with his difficulties the author passes judg- 
ment on his personality, which is pronounced inferior to that of his father. 
The next lecture tells of the conversion of Benedict Leonard, fourth Lord 
Baltimore, to the Protestant faith, and the consequent restoration of the 
proprietary government six weeks before his death. Then we are given 
glimpses of the disrepute in which the last two Lords Baltimore — 
Charles and Frederick — were held in England, and told of the surpris- 
ing ignorance through which the former was defrauded by the Penns, 
and how the latter, convicted at the bar of public opinion of an infamous 
crime, cared nothing for Maryland except as a source of revenue. The 
sixth and last lecture portrays the manners and customs, the social and 
economic life of the entire colonial period. 

As a contribution to historical literature the value of these lectures 
might have been much increased had the author made only the personal- 
ities of the Lords Baltimore the ever-central object of his study, dwelt 
only on such events as the lord proprietor for the time being was 
directly responsible for, sought the motive of his action in every such 
case, and so enabled himself to give us more penetrating views of these 
men. Instead of this, it is clear that he had two points of view — at 
one time the personality of a lord proprietor, at another the mere prog- 
ress of events — and has shown us only a loose general relation between 
the two. Newton D. Mereness. 

Prince Charles Edward Stuart, the Young Chevalier. By Andrew 
Lang. (London, New York, and Bombay, Longmans, Green, and Com- 
pany, 1903, pp. xii, 476.) We are much indebted to Messrs. Long- 
mans, Green, and Company for putting within the reach of the ordinary 
reader another of the magnificent Goupil series of illustrated biographies, 
which so happily combine artistic bookmanship and scholarly excellence. 
In 1875 Mr. A. C. Ewald published his exhaustive two- volume work, 
The Life and Times of Prince Charles Stuart, based largely on the state 
papers in the Record Office, and on such of the Stuart Papers as were 
then in print. While he added not a little to our knowledge on the 
subject, it was thought, even at the time, that there was still room for a 
future work in the same field. Mr. Lang in undertaking the task has 
had the advantage of access to material hitherto unused, notably the 
whole correspondence covering the years 1720 to 1786, and other manu- 
scripts, now at Windsor Castle, of the exiled house of Stuart. In addi- 
tion to other new sources of information the author has been assisted by 
his studies in preparation for Pickle the Spy and The Companions of 

The work now before us is a biography in the most restricted sense : 
larger issues, international intrigues, conditions in England, Scotland, 

Minor Notices 201 

and France, and the whole tangle of political, social, and religious con- 
siderations which contributed so much to determine the fate of the 
movement centering in the years 1 745-1 746 have not been altogether 
neglected ; • but they have been distinctly subordinated in order that the 
main emphasis might be laid on the personal life and adventures of 
Charles. Doubtless this method of treatment is justified, both from the 
requirements of the series and from the fact that the public aspects 
of the question are those best known. Still Mr. Lang's besetting 
fault is a bit too much in evidence ; of overcrowding his pages with 
detail and frequently confusing the reader with discussions of minute 
points. However, the narrative is vigorous and dramatic and tells us 
much that we have wanted to know of the prince and his adherents ; 
of the dissensions among the clans and among the generals during 
the invasion ; of Charles's wanderings through the Hebrides from April 
to December of 1746; and particularly of the obscure period after 
the prince left Avignon in 1749. By the publication of a proclama- 
tion dated 1759 we are enabled to have Charles's own account of the 
reasons for his conversion to Protestantism in 1750. In this volume 
is brought out, more convincingly than ever before, the steady degen- 
eracy of the prince, how after a period " first of gallant adventure, 
then of darkling conspiracy, then of ruin," he became " a poor, despised, 
forsaken, unacknowledged, exiled king." His character broke down 
under the irony of circumstances and from too much cherishing of an 
impracticable ambition. After the failure of his great effort he came to 
distrust every one, and instead of returning to a dignified though renown- 
less position in Rome, he spent his best years "in a life of lurking, 
where his active spirit and body were first devoured by indolence, and 
then ruined by the desperate resource familiar to extreme poverty and 
extreme despair." In conclusion it is pleasant to note Mr. Lang's 
opinion that the characters of James and the cardinal gain rather than 
lose by study. Arthur Lyon Cross. 

Les Combattants Frangais de la Guerre Americaine, iy"/8-iy8j. 
Listes etablies d'apres les documents authentiques deposes aux Archives 
Nationales et aux Archives du Ministere de la Guerre. Publiees par les 
soins du Ministere des Affaires Etrangeres. (Paris, Ancienne Maison 
Quantin, 1903, pp. xii, 327.) Through the active efforts of the National 
Society Sons of the American Revolution and the sympathetic offices of 
the French government this exhaustive list of the French sailors and sol- 
diers who assisted the American forces in the Revolution is made possible. 
It is a rather sumptuous volume in folio, and garnished with some ten full- 
page portraits and other illustrations, which, however, are not listed in the 
table of contents. It might be too much to expect an index of names, 
but it would have been very useful, and that is the quality for which society 
publications of this kind may most deserve our gratitude. There is a 
short historical introduction by M. Henri Merou, French consul at 
Chicago, at whose initiative the work was undertaken. An edition of 


Reviews of Books 

eight hundred copies has been published, of which two hundred and 
seventy- five have been placed at the disposal of the United States De- 
partment of State. B. A. F. 

Mi-moire snr ma Detention an Temple, I'jgy-i'jgg. Par P.-Fr. de 
Remusat. Publie pour la Societe d'Histoire Contemporaine, avec intro- 
duction, notes et documents inedits, par Victor Pierre. (Paris, Alphonse 
Picard et Fils, 1903, pp. xlii, 191.) This volume is the fourth by M. 
Pierre in the same field of history. Two, 18 Fructidor and La Depor- 
tation Ecclesiastique sons le Direetoire, published by the Societe d'His- 
toire Contemporaine in 1893 and 1896, were preceded in 1887 by a work 
on the terror under the Directory. Of the present volume the central 
figure, Pierre Francois de Remusat, is little known and, save as a victim 
of the Directory, not of interest to history. Born at Marseilles in 1755, 
he availed himself of commercial interests in the Levant to spend the 
stormier years of the Revolution, under passport, in Smyrna and Italy. 
On his return to France in 1796, he was elected to the Five Hundred 
for the Bouches-du-Rhone. This election, with others, was annulled 
arbitrarily after the 18 Fructidor (September 4, 1797), and Remusat 
himself, arrested in October, 1797, was through Merlin de Douai detained 
groundlessly in the Temple, as a conspirator and emigre, until the lat- 
ter's fall on the 30 Prairial (June 18, 1799). Remusat thus barely es- 
caped execution only to die in 1803 of a disease contracted during this 
imprisonment. The memoir, with a list of his fellow-prisoners — amongst 
them was Admiral Sir William Sidney Smith — he wrote within two 
months after his release. It has literary merit, and as a record of the 
events of which it treats it is unique in its fullness, accurate, and singu- 
larly free of rancor. At one point Merlin de Douai is called a cannibal. 
This epithet, applied to one who had sought Remusat's life, is mild 
enough in a manuscript that was never designed for the public. Only 
fourteen years after Remusat's death his brother published the memoir, 
preceded, in a single volume, by a quantity of indifferent verse, to the 
writing of which Remusat, despite his commercial origin, was slightly 
addicted. As a result of this order, although by several critics the 
superior merit of the memoir was recognized at once, the volume, in the 
catalogue of the liibliotheque Nationale, is entombed with the poets. 
' lopies of the original edition are rare. By this reprint, with a suitable 
introdiK lion and an appendix of hitherto unpublished documents relating 
to Remusat, M. Pierre has practically restored to publicity a valuable, 
interesting, forgotten work. H. M. Bowman. 

Some account of the commemorative proceedings held 011 Marshall 
Day, 1901, in the various states of the Union, and the addresses given 
in honor of John Marshall have been published in three substantial 
volumes, the main title of which is John Marshall, Life, Character, and 
Judicial Services. (Chicago, Callaghan and Company, 1903.) Included 
with the centennial addresses are the orations of Binney, Story, Phelps, 
Waite, and Rawle. Especially noteworthy is the introduction by John 

Minor Notices 203 

F. Dillon, in which certain vexed legal questions of peculiar interest to 
historical students are considered. Mr. Dillon holds that the method 
followed by Marshall in giving the decision in Marbury vs. Madison was 
entirely regular and satisfactory, that the chief-justice would not have 
been justified in declaring that the court had no jurisdiction because of 
the unconstitutionality of a clause of the Judiciary Act, until other 
aspects of the case before the court had been considered, inasmuch as it 
is improper to declare an act of the legislative void unless the necessity 
is absolutely imperative ; that is to say, unless there is no other ground 
on which a decision of the case can be placed. The course of Marshall 
in issuing a subpoena to President Jefferson is also upheld. " ' No such 
divinity doth hedge' the President," says Mr. Dillon, "that by virtue 
of his office he is, in criminal cases, totally exempt from judicial process 
requiring his attendance as a witness " (I. xxxvii). Professor Thayer in 
his address, also here published, presents different views (I. 232). 

Moses Greenleaf, Maine' s First Mapmaker. A Biography : with 
Letters, Unpublished Manuscripts, and a Reprint of Mr. Greenleafs rare 
Paper on Indian Place-Names. Also a Bibliography of the Maps of 
Maine. Edited by Edgar Crosby Smith. (Bangor, printed for the De 
Burians, 1902, pp. xxiii, 163.) The scope of this book is well expressed 
in its title. It is a monograph, elaborated with loving minuteness and 
some of the exaggeration inevitable with a local biographer, of the life 
and work of a man highly deserving of honor in his own state, though 
hardly known beyond its limits. Moses Greenleaf was born in Massa- 
chusetts in 1777, removed to the District of Maine in 1790, settled at 
Williamsburg in 181 o, and devoted the remainder of an industrious life 
to the advancement of the interests of Maine, chiefly through the collec- 
tion and publication of statistical and geographical information about the 
state. He was a fine example of the pioneering squire found always on 
the advancing margin of Anglo-Saxon civilization, with the strong indi- 
viduality, public spirit, and faith in his country characteristic of such 
men. Under great disadvantages he produced his two books, Statistical 
View of the District of Maine ( r8i6), and Survey of the State of Maine 
(1829), together with his remarkable map of 1S15 and others of later 
date. These various works, compiled with the greatest care and all pos- 
sible completeness, supplied information hitherto wanting or inaccessible 
about the state and its resources, thus contributing greatly to its devel- 
opment, and they are of fundamental importance to the historian and 
geographer of Maine. 

The interest of the volume under review will of course be chiefly 
local. To the student outside of the state it will have some value for its 
accurate synopses of Greenleafs not very common books, for the account 
of his important map of 1815, and for the " Bibliography" of maps of 
Maine. The latter, while no doubt the most elaborate list hitherto pub- 
lished, is very far from complete. The period from 1610 to 1744 is a 
complete blank, although numerous important maps of that time belong 
within the scope of the list, which suffers, furthermore, from its monot- 

2C4 Reviews of Books 

onous typography and consequent difficulty of reference. The letters 
and unpublished manuscripts mentioned in the title are purely personal 
records of Mr. Greenleaf 's life, and the paper on place-names, while of 
some antiquarian, is of slight philological interest. 

The volume is pleasing in appearance, tasteful though not immacu- 
late in typography, and appropriately illustrated. It is the second of a 
series issued by a club of book-lovers, one of whose objects is to com- 
memorate worthy men of the state. For a local society certainly no 
object could be more commendable. W. F. Ganong. 

Mazzini, by Bolton King (London, J. M. Dent and Company; New- 
York, E. P. Button and Company, 1902, pp. xxiii, 380), is the first 
volume of the Temple Biographies, practically a new series, edited by 
Dugald Macfadyen. The editor states in his preface that the object of 
the series is to " bring together studies in the lives of men who have, by 
common consent, achieved the greatness which belongs to character rather 
than to status or circumstance" (p. vii), or again, " lives which have 
this double aspect ; on one side commanding interest for the service 
which they have rendered to their kind, and on the other respect for 
their achievement of character" (p. xi). Certainly Mr. King has set a 
high standard (for a series), and if the editor is as happy in fitting au- 
thor to subject in the succeeding numbers, the enterprise will be success- 
ful in a marked degree. Mr. King is undoubtedly the first of English 
scholars in knowledge of nineteenth-century Italian history ; and in the 
present volume there is exhibited the wide information, exactness in de- 
tail, and carefulness of judgment for which his History of Italian Unity 
has prepared us. To these qualities may be added a judicious sympathy 
that leaves the reader with a more intimate sense of the man and his 
work than follows the reading of any other book in English on Mazzini. 
It is, however, scant praise to say that Mr. King's life of Mazzini is the 
best one in English ; apart from any comparison, it is an excellent work 
in itself. Something over half the book (222 pp.) has been devoted to 
a careful and interesting chronological account of Mazzini's life. The 
rest of the book is devoted to a systematic elucidation of Mazzini's 
thought as exhibited in his writings, together with a bibliography of 
those writings, and a final chapter containing a general estimate of Maz- 
zini as a man. The discussion of Mazzini's thought is divided into chap- 
ters dealing with Religion, Duty, The State, Social Theories, Nationality, 
and Literary Criticism. There is a certain artistic loss, though perhaps 
a practical gain, in thus separating the active life of a man from his 
thought ; and we doubt whether the result justifies the author in adopting 
this plan. It might also be suggested that Mr. King has assumed a greater 
familiarity with general Italian history than his readers will be found to 
possess, lie is at little pains to outline the historical background; and 
the book can be satisfactorily used by the general reader only in the light 
of the author's ///.story of Italian Unity. The index is poor. Yet these 
are small matters. The work is on the whole excellent. From the book- 

Minor Notices 205 

lover's standpoint the series will do credit to the publishers, no small 
part of which credit, if we can judge from the present volume, will be 
due to the character of the illustrations that are to accompany it. 

Carl Becker. 

Life of Rear Admiral John Randolph Tucker. By Captain James 
Henry Rochelle. (Washington, The Neale Publishing Company, 1903, 
pp. 112.) This brief account of the life of Rear-Admiral John 
Randolph Tucker, written by his official subordinate, comrade, and 
friend, Captain Rochelle, is a tribute of loyalty and affection. Appointed 
a midshipman from Virginia in 1826, when fourteen years old ; resign- 
ing when a commander thirty-five years later, upon the outbreak of the 
Civil AVar, to become a commander in the Confederate navy, and 
eventually reaching the grade of flag-officer in that service, then to 
serve as rear-admiral in the Peruvian navy during the short war with 
Spain — this in briefest outline is the naval story of Admiral Tucker's 
life, a sort of track-chart of his wide sea-wanderings. 

In the Mexican War he served in the bomb-brig Stromboli, com- 
manding that vessel during the latter part of the war, and took part in the 
capture of Tobasco and in various other naval operations. In the Civil 
War he commanded the Confederate gunboat Patrick Henry and took 
part in the first engagement between the Merrimac and the ships and 
batteries at Hampton Roads. When the Confederate vessels in James 
River were dismantled and abandoned, their crews and guns were utilized 
at Drewry's Bluff, where they successfully resisted the efforts of the 
Union vessels to ascend the river. After this Commander Tucker was 
given command of the iron-clad steamer Chicora at Charleston. This 
vessel and her sister ship, the Palmetto State, made a successful attack 
upon the wooden squadron then blockading Charleston and caused a 
brief interruption of the blockade, but the low speed of these two ves- 
sels prevented them from being a serious menace to the investing fleet. 

It is interesting to read that when serving in the Peruvian navy he 
strongly urged the allied governments of Peru and Chili to despatch an 
expedition against Manila, the far-away and ill-defended outpost of Spain, 
pointing out how easily success might be achieved and how great its 
probable consequences. 

Upon leaving the naval service of Peru he performed adventurous 
and valuable service in exploring the upper Amazon, securing data for 
its more perfect charting, and thus marking out a practicable route for 
Peruvian commerce to follow from the Andes down the river to the sea. 
This service done, he returned to his home in Virginia, and there, after 
a few peaceful years, he died in 1883. 

The written story of his life contains nothing of a controversial nature, 
adds little to general history, and is chiefly valuable to his family and 
friends as the memorial of a noble man and gallant officer, one of the 
many unfortunate but not undeserving whose lives were saddened by a 
divided dutv when the call to arms was heard in 1861. 

2o6 Reviews of Books 

Contemporary France. By Gabriel Hanotaux. Translated by John 
Charles Tarver. Vol. I. 1870-1873. (New York, G. P. Putnam's 
Sons, 1903, pp. xv, 696.) This volume might well have had for a sub- 
title "Thiers," since it is so completely, and very justly, occupied with 
the deeds of the first president of the republic for the years which it 
covers. Thiers is not merely the most notable, but almost the only 
statesman to be taken into account in writing the history of the estab- 
lishment of the Third Republic, the liberation of the territory from 
German troops, and the devising of means for raising and paying the 
enormous war-indemnity. The author, moreover, for many reasons 
possesses exceptional qualifications for writing the history of contemporary 
France ; but more particularly because his experience as an exceptionally 
successful minister for foreign affairs has given him a knowledge of 
government and politics that is often quite valuable in threading one's 
way through the mazes of current events. 

Although nominally dealing with the period from September 4, 1870, 
to May 24, 1873, the volume becomes of real service to the student only 
from February, 1871. The overthrow of the Empire, the siege of Paris, 
the provisional government — subjects all of the first importance as 
affecting subsequent events — are discussed rather than narrated or ex- 
plained ; so for this part of the book the reader needs to possess a con- 
siderable previous knowledge. But for the two and a fourth years really 
and adequately treated, the narrative is full and generally satisfactory. 
It is, however, largely narrative, with no considerable attempt at broad 
and illuminating generalization, for which the author demonstrates his 
capacity in the first chapter. 

In view of the fullness of detail with which M. Hanotaux has treated 
these two eventful years, it seems almost petty to offer a minor criticism ; 
and yet the student of economic history cannot help lamenting the 
absence of a careful explanation of the method by which the five milliards 
were transferred from France to Germany, and of the relation which this 
unprecedented monetary transaction bore to the financial crisis of 1873. 
But this is a small matter as compared with the value of the book as a 
whole. Other leading topics, besides the liberation of the territory and 
the payment of the indemnity, are the reorganization of the army and 
the first steps towards the establishment of a republican form of govern- 
ment ; in all these undertakings Thiers proved himself indispensable to 
France, as Hanotaux easily shows. Vivid pen-pictures of Thiers and 
other prominent men of the period add materially to the interest and 
value of the book. 

The total impression of this volume is that the author has added not 
a little to our stock of information, but he has written a light, popular, 
almost journalistic book, and not a scholarly work. On this account it 
is especially unfortunate that the translation should be so crude; on 
almost every page one is painfully aware that it is a translation. French 
words, phases, constructions, and paragraphing confront one at every 
step -not in the original French, to be sure, but in a strict literalness 

Minor AT otic es 207 

of translation betokening hasty and apparently unrevised work, together 
with a carelessness of proof-reading that adds to the discomforts other- 
wise sufficiently abundant. Charles F. A. Currier. 

The Making of Our Middle Schools. By Elmer Ellsworth Brown. 
(New York,' Longmans, Green, and Company, 1903, pp. xii, 547.) This 
book is not so much the work of a man intent only upon writing a record, 
as of one seeking also practical leadings. However, in this case at least, 
the history is not the worse from the writer's anxious lookout for mean- 
ings and lessons. 

Beginning, as properly he must, with the grammar-schools of Old 
England at the time of the Renaissance, Dr. Brown goes on to a succinct 
but sufficient and lifelike picture of our earlier and later colonial gram- 
mar-schools and the school systems of which these were a part, as well 
as of the masters and " scholars " and studies that made up the schools. 
In a number of chapters he then describes the next phase and period of 
our secondary educational history, that of the academies. Here again, 
however, he rightly goes back to the mother-country for his beginnings, 
yet brings out with admirable clearness how completely characteristic a 
product the American academy was, with its provincialities of practicality, 
patriotism, and eloquence, and with — what is of more moment — the 
unhampered informality of its founding, involving, as it did, a minimum 
of governmental intervention and a maximum of private initiative. In 
its homely, wholesome, steady regard to the broader, genuinely popular 
need in education, it was an expression not simply of American rawness, 
but of the American genius of individualism, and the rising tide of 
American democracy. Having followed the academy through its domi- 
nance from the period of the Revolution clear down to the Civil War, the 
writer goes back to trace the movement toward public control from its 
sporadic beginnings down to its overshadowing triumph in the present- 
day public high school. The attempt is made to disclose the reasons for 
the rise of the latter, to catch its enforming spirit, and to disentangle the 
threads of its complex growth and tendency at the present hour. The 
author in no wise forgets, however, to keep record right along of all the 
accompanying special developments — all manner of private, denomina- 
tional, military, technical, and other schools — so that his presentation 
may be complete, and the estimate and outlook with which he closes 
may have a soundly objective and reasoned basis. 

This book, without any impairment of its scientific character, intro- 
duces us to the ethos and human quality of the epochs it portrays. It 
possesses likewise some distinct philosophic sense, and is capable of the 
forward as truly as the backward look. The student seeking acquaintance 
with the genesis and the genius of our American secondary education 
will find here a valuable guidebook. George Rebec. 

History and Civil Government of Louisiana. By John R. Ficklen, 
B.Let., Professor in Tulane University. (Chicago and New York, 
Werner School Book Company, ic)oi,pp. iii, 383.) Two qualifications 

20S Reviews of Books 

are necessary for the successful compilation of elementary books of his- 
tory — familiarity with the subject, and a power of clear exposition. 
These are both possessed by the writer of the book under review. 
The labors of Professor J. R. Ficklen in the field of Louisiana history 
date from his election to a professorship in the old Louisiana University, 
and have been kept up unremittingly to the present. So far as the his- 
tory of a state for two hundred years can be given in one hundred and 
fifty pages, the work is eminently satisfactory. The main difficulty was in 
the proportional treatment of the details, and this difficulty has been suc- 
cessfully met. The history of Louisiana offers little opportunity for novelty 
of treatment. The originality of the work lies in the clear statement of 
the civil government, which is the best existing summary of the conditions 
prevailing in the state to-day. Such a book should have been supplied 
with an index. The heading " title-index with questions" on the last 
two pages, is misleading. On the whole the book is to be recommended 
highly to small libraries as a fair and trustworthy history of the romantic 
development of Louisiana from colony to state, and of its evolution 
through the less varied but not less important events of the nineteenth 
century. William Beer. 

Centralizing Tendencies in tlie Administration of Indiana. By William 
A. Ravvles, Ph.D. [Columbia Studies in History, Economics, and 
Public Law, Vol. XVII., No. i.] (New York, The Columbia University 
Press, The Macmillan Company, 1903, pp. 336.) In the above mono- 
graph Professor Rawles has shown the tendency towards centralization in 
the various departments of state activity in Indiana. The monograph 
embraces a study of state administration in connection with education, 
charities and correction, medicine and hygiene, taxation, and police 
power. The author has made a careful study of the laws of the state and 
territory, and has noted the various steps by which the present centraliza- 
tion in administration has been effected. He has established two points ; 
first, that the tendency in the state administration has been strongly 
towards centralization ; and second, that this centralization has resulted 
in economy and efficiency. The work has been done with thoroughness 
and good judgment. The evidence has been carefully weighed, and the 
conclusions are conservative and tenable. 

It is interesting to note in this connection that other writers in the 
scries to which this volume belongs have noted similar tendencies in other 
states. It is to be hoped that additional studies of the same character 
will proceed from the department of political science of Columbia, as it 
it is only by such monographs as these that comprehensive treatises are 
made possible. T. F. Moran. 

Puerto Rico has long enjoyed the happiness of having no history, 
;inil the effort to supply the lack in the "Expansion of the Republic" 
series {History of Puerto Rico, by R. A. van Middeldyk, edited by Mar- 
tin O. Brumbaugh, New York, I). Appleton and Company, 1903, pp. 
xvii, 31H) will not seriously contribute to a disturbance of its former 

Minor Notices 209 

condition. Mr. van Middeldyk is the librarian of the free public library 
at San Juan, and from the material there accessible he has compiled a 
summary of the island's annals, from which the reader may derive a good 
idea of the conditions under which it alternately developed and stagnated 
during the past four hundred years. The author's knowledge of Spanish 
seems to be quite as complete as is his command of English, and his 
style and vocabulary leave no doubt that neither is his native tongue. 

G. P. W. 

Volume XVI., New Series, of the Transactions of the Royal Histori- 
cal Society contains the papers read before the society at its monthly 
meetings from November, 1901, to June, 1902. Dr. G. W. Prothero's 
presidential address is notable for discriminating though brief estimates 
of five distinguished historians recently deceased — Bishop Creighton, 
Bishop Stubbs, Lord Acton, Dr. S. R. Gardiner, and Mr. R. C. Christie, 
and also for a resume of the activity of the society during the year in 
question, particularly in connection with the establishment of a school of 
historical research in London. Partly through their efforts an initial 
step in this direction has been taken by the foundation of two lecture- 
ships, one in paleography, diplomatics, and historical sources, the other 
in historical method. In his paper on " Some Materials for a new 
Edition of Polydore Vergil's History" Father Gasquet describes a 
manuscript in the Vatican archives, evidently the original draft of Poly- 
dore's first printed edition of 1534. The other contributions to the 
volume are: " The Internal Organization of the Merchant Adventurers 
of England," by W. E. Lingelbach ; "The High Court of Admiralty 
in Relation to National History, Commerce, and the Colonization of 
America — A. D. 1550-1650." by R. G. Marsden ; " The State Papers 
of the Early Stuarts and the Interregnum," by Mrs. S. C. Lomas ; " An 
Unknown Conspiracy against Henry VII.," by I. S. Leadam ; and "The 
Social Condition of England during the Wars of the Roses," by V. B. 

AM. HIST. REV., VOL. IX. — 14. 


As was stated in the July number of the Review, the office of the 
managing editor is henceforth to be in Washington, D. C. Correspond- 
ence should be addressed in care of Carnegie Institution. 

The Nineteenth Annual Meeting of the American Historical Asso- 
ciation will be held, in conjunction with the American Economic Asso- 
ciation, at New Orleans, Tuesday, Wednesday, and Thursday, December 
29, 30, and 31. The tentative programme includes, among other features, 
a session Tuesday morning on "The Mississippi Valley and the South- 
west," with papers by Professors Sloane and Turner and Messrs. W. W. 
Howe, P. J. Hamilton, W. F. McCaleb and R. G. Thwaites ; a session 
Wednesday morning on "The Study and Teaching of History in the 
South," with ten-minute addresses by Professors Bassett, Dodd, Garri- 
son, Jameson, Salmon, and others ; a session Wednesday afternoon on 
" European History," with papers by Professors Robinson, Fling, H. E. 
Bourne, Haskins, and probably Stephens ; and a session Thursday morn- 
ing on " American History," with papers by Professors Farrand, Ficklen, 
and Johnson, and probably Dean Wells of New Orleans. There is also 
a session on "Diplomatic History," planned for Wednesday evening; 
and two joint meetings, one Tuesday evening, when the annual presi- 
dent's addresses will be given, the other Thursday evening, when Pro- 
fessor Giddings will read a paper on "The Relation of Sociology to 
History and Economics." This subject is to be discussed afterward by 
four economists, and by Professors Hull of Cornell and West of Minne- 
sota. Arrangements have been made by the local committee to receive the 
members of both associations as guests of two local clubs, and a special 
local committee has been appointed to confer with Miss Tarbell for the 
comfort and entertainment of ladies who may attend the meeting. After 
the session Thursday evening Tulane University will tender a large recep- 
tion in its new library building. The railroads south of the Ohio and 
Potomac have already agreed to sell tickets on the certificate plan at the 
rate of a single fare plus twenty-five cents, and it is hoped that the other 
railroads will grant the same rate. Also the most reasonable terms have 
been secured for two special trains, from New York and Cincinnati re- 
spectively, by which it will be possible to combine the trip to New 
Orleans with a visit to other southern points of special interest. Suffi- 
ciently long stops will be made at the places visited, the entire trip will 
occupy nine days, and the return will be by a different route. However, 
final arrangements for these trains cannot be made unless a minimum of 
seventy five passengers for each of them is secured, and all who may be 
interested in this plan should write immediately to Professor E. R. A. 
Seligman, 324 West 86th Street, New York City. 


Notes and News 2 t 1 

Frederick Law Olmsted, who died August 28 in his eighty-second 
year, was a man of most varied activities, although he is most generally 
known for his remarkable achievements in beautifying the landscape of 
many parts of our country. However, his observations during a horse- 
back trip through the south in the early fifties, published in A Journey 
in the Seaboard States (1856); A Journey through Texas (1857); A 
Journey in the Back Country (i860); and in the subsequent digest of all 
three, The Cotton Kingdom (1861), make him the leading authority to 
whom historical students must always refer for contemporaneous and first- 
hand accounts of the agricultural resources of the south on the eve of the 
Civil War, and for the effects of slavery in the agricultural system. 

Colonel G. F. R. Henderson, who died at Assoun, Egypt, March 6, 

1903, was favorably known to American students as the author of A 
Tactical Study of Fredericksburg and of Stonewall Jackson and the Amer- 
ican Civil War. For many years director of military art and history at 
the Staff College, Colonel Henderson had been since 1900 director of 
military intelligence in South Africa. 

Professor Edward Channing of Harvard University is to devote his 
sabbatical year to his large history of the United States, the first volume 
of which, covering the period from 1660 to 1760, may be expected in 

1904. During the second half-year of Professor Channing's leave of ab- 
sence Professor Frederick J. Turner, of the University of Wisconsin, will 
work at Harvard. 

Mr. Everette Kimball, assistant in history at Harvard University, 
goes to Wellesley for the forthcoming year to take charge of the work of 
Miss Elizabeth Kimball Kendall, who is to have a year's leave of absence. 

In the absence of Professor Carl R. Fish, Professor James A. Wood- 
burn, of the University of Indiana, will during the first semester give 
courses in American history at the University of Wisconsin. 

The work at the University of Michigan of Professor A. C. Mc- 
Laughlin, who is to spend the ensuing year at Washington, is to be 
undertaken by Dr. C. H. Van Tyne, formerly teaching fellow in the 
University of Pennsylvania. In addition, a series of lectures is to be 
given by Professors Hart, Jameson, Turner, and McLaughlin. 

Professor Theodore C. Smith has resigned his position at the Ohio 
State University to accept a professorship in Williams College. 

Dr. G. T. Lapsley, recently of the University of California, has 
become assistant professor in the University of Pennsylvania. 

The numerous contributions by Lord Macaulay to the Edinburgh 
Review supply the contents of three volumes lately issued by Messrs. 
Methuen (London): Critical and Historical Essays, edited, with intro- 
duction, notes, and index, by F. C. Montague. 

Messrs. Calmann-Levy (Paris) announce a " Nouvelle Collection 
Historique " at four francs the volume, and begin it with Choiscul a Rome, 
by Maurice Boutry ; a series of hitherto unpublished letters and memoirs 


Notes and News 

applying to the years 1754-1757 and relating to a subject lately of 
special interest, the conclave. 

The remarkable work of Professor Friedrich Ratzel on Politische 
Geographie, with thirty-nine maps, has been published in a second and 
revised edition (Munich, Oldenbourg). 

The Bibliographer, which was edited through the first four numbers 
by Mr. Paul Leicester Ford and after his tragic death well kept up by 
Miss Caroline Shipman, suspended publication with the June number. 
It is regrettable that Messrs. Dodd, Mead, and Co. could not find suf- 
ficient support for this enterprise. 

Professor Richard T. Ely in his Studies in the Evolution of Industrial 
Society treats in part of the different stages in the progress of society 
from what is supposed to be the earliest savage state. The major por- 
tion deals with some special problems of industrial evolution, such as 
competition, monopolies and trusts, inheritance of property, municipal 
ownership. The book is one of " The Citizen's Library ", published by 
The Macmillan Company. 

Another large history on the cooperative plan has been undertaken, 
this time in Germany : Handbueh der Mittelalterliclien und neueren 
Geschichte, edited by two well-known scholars, G. von Below and F. 
Meinecke. The prospectus exhibits a plan by which medieval and 
modern European history will be treated in forty-two volumes, dis- 
tributed as follows : " Allgemeines ", eight ; " Politische Geschichte ", 
nine ; " Verfassung, Recht, Wirtschaft ", sixteen ; " Hilfswissenschaften 
und Altertiimer", nine. Also simultaneously with the announcement of 
the entire collection, one of its volumes — -the last in the plan — has 
been published : Das hausliche Leben der europdischen Kulturvolker 
vom Mittelalter bis zur zwciten Hlilfte des 18. Jahrhunderts, by Alwin 
Schultz, of the German University of Prague. The publisher is R. 
Oldenbourg, Munich. 

The translation of Seignobos's Feudal Regime having been favorably 
received, Messrs. Henry Holt and Company have decided to make it 
the first number of a series of similar publications, to be called " Histo- 
rical Readings " and to be edited by Earle W. Dow. The series is de- 
signed to provide, in a form that maybe convenient especially for use in 
classes, good short treatments of important subjects in history, and suit- 
able collections of sources. The second number, ready this fall, is an 
account, taken from Wilhelm Roscher's Kolonien, Kolonialpolitik und 
Auswanderung, of Spanish Colonization in America : The Spanish Colo- 
nial System, translation edited by Professor Edward G. Bourne. 

By way of homage to M. Leopold Delisle, many persons on both 
sides of the Atlantic united in offering him, on the fiftieth anniversary 
of his service in the Bibliotheque Nationale, an exhaustive bibliography 
of his works: Bibliographie des Travaux de M. Leopold Delisle (Paris, 
Imprimerie Nationale), compiled by M. Paul Lacombe. The list com- 
prises some 1889 titles. M. Delisle in turn, in appreciation of this 

Ancient and Early Church History 2 1 3 

tribute, sent to each of its subscribers a beautiful Facsimile de Livres 
Copies et Enlumines pour le Roi Charles F, being reproductions, with 
explanatory text, of specimen pages from manuscripts in the library of 
Charles V. (Paris, privately printed). 

For the convenience of students four sets of maps have been made 
up out of the Oxford Historical Atlas of Modern Europe and published 
separately : " Europe and her Colonies", " Great Britain", " Germany 
and Adjacent Countries", and "The Latin Nations." The first con- 
tains twenty-seven maps and is listed at 35 shillings; the others have 
twenty-two maps each, listed at 30 shillings. 

The Revue de Synthese Historique has begun a series of reports upon 
studies relating to the various regions of France. M. H. Berr writes 
the general introduction : "La Synthese des Etudes Relatives aux Re- 
gions de la France", in the April number, and M. L. Barrau-Dihigo 
treats of "La Gascogne " in both the April and June numbers. Also, 
in the April number M. Henri See takes stock of the literature relating 
to the history of political ideas, with reference to "France (XVIF et 
XVIIP Siecles)". 

Dr. J. B. Chabot, of Paris, has undertaken, with the aid of a group 
of other Catholic scholars, the publication of a Corpus Scriptorum Chris- 
tianorum Orientalium, which will be a sort of complement to the Migne 
collection of Greek and Latin Christian writers. For the present at 
least only inedited texts will be published, and the editor charges him- 
self with the Syriac texts. 

It is announced that the letters of Lord Acton to Miss Mary Glad- 
stone — now Mrs. Drew — are to be issued within a few months. They 
are said to be full of brilliant criticism, literary, historical, and political. 

Noteworthy articles in periodicals : K. Lamprecht, Uber den Begriff 
der Geschichte und uber historische und psychologische Gesetze (Annalen 
der Naturphilosophie, II. 2) ; Munroe Smith, Customary Law, I. (Poli- 
tical Science Quarterly, June) ; H. Delehaye, Les Ligendes Hagiograph- 
iques (Revue des Questions Historiques, July). 


The latest addition to the "Story of the Nations" series gives a 
picture of ancient India drawn rather from Buddhistic than Brahman 
records : Buddhist India, by Professor Rhys-Davids (Putnams). 

Frank Jesup Scott is the author of a monograph entitled Portraitures 
of Julius Casar (New "Vork, Longmans, 1903, pp. xii, 185). It con- 
tains, besides a sketch of Caesar's life, thirty-seven plates and forty-nine 
other portrait engravings. Each statue or other representation of Caesar 
is appropriately considered in the text. 

An elementary source-book for Roman history, prepared by G. W. 
and Lillie Shaw Botsford, was published recently by The Macmillan 
Company : The Story of Rome as Greeks and Romans Tell It. 

2 1 4 Notes and News 

The Richard Crawley translation of Thucydides's Peloponnesian War 
has lately found a place in the "Temple Classics," in two volumes (The 
Macmillan Company). In the same collection has also appeared the 
Elizabethan translation by John Healey of Augustine's City of God, in 
three volumes. 

Some translations of important works concerning the early church 
are in progress. The first volume of an English edition of the work of 
Professor Paul Wernle, of the University of Basel, The Beginnings of 
Christianity, has been issued by Williams and Norgate (London) under 
the subtitle " The Rise of the Religion." The second volume will deal 
with "The Development of the Church." The same house has in 
preparation English versions of E. von Dobschiitz's Die urchristlichen 
Gemeinden, Sittengeschichttiche Bilder and Harnack's Die Mission und 
Ausbreitung ties Cliristentums in den ersten drei Jahrhunderten. 

Noteworthy articles in periodicals : E. Revillout, Un Prince Revo- 
lutionnaire dans f Ancienne Egypte (Revue des Questions Historiques, 
July); C. Callewaert, Le Delit de Christianisme dans les deux Premiers 
Siecies (Revue des Questions Historiques, July). 


The first part of Lateinische Paliiographie, by F. Steffens, has now 
appeared. It embraces thirty-five plates, illustrating Latin writing down 
to Charles the Great (Freiburg, Switzerland, B. Veith). It may be 
added here that M. Prou is to have ready by the end of the year a new 
Recueil de Facsimile's d' Ecritures du V an XVIP Siccie, which will 
comprise fifty new plates containing sixty-three documents (Paris, Picard ) . 

The house of Welter (Paris) announces a complete reproduction of 
the fifteenth-century manuscript known as the Breviarium Grimani. 
This manuscript, executed from 1478 to 1489, is most elaborately illumi- 
nated, as is known; and the reproduction promises to contain 1,568 
quarto plates, 300 in colors and the rest in photo-heliogravure. The 
work will be sold by subscription, the instalments of which, by the end 
of publication in 1908 or 1910, will have amounted to 3,000 francs. 

Two recent additions to "The Decennial Publications of the Uni- 
versity of Chicago" are Studies Concerning Adrian IV., by Professor 
Oliver J. Thatcher, and The Decline of the Missi Dominici in Prankish 
Gnu/, by Dr. James Westfall Thompson (the University of Chicago 
Press, 1903). 

The house of Picard et Fils is bringing out a considerable work on 
Poitou which will be of interest for the history of England as well as of 
I'' ranee : Ilisloire des Cointes de Poitou {778-1204), by A. Richard. 
The first of its two volumes is published, and applies to the years 778— 
1 126. 

Sir Henry Yule's The Book of Ser Marco Polo, The Venetian has now 
been issued in a third edition, fittingly revised by M. Henri Cordier, of 
Paris, and accompanied by a memoir of Henry Yule compiled by his 
daughter, Amy Frances Yule (Scribner). 

Modern History 2 1 5 

The current number of the Zeitschrift fur Kirchengeschichtc (XXIV. 
2) contains a third instalment of W. Goetz's review of the sources of 
the history of St. Francis : " Die Quellen zur Geschichte des hi. Franz, 
von Assisi, II. Die Legenden ". It may be added here that two trans- 
lations of The Mirror of Perfection have appeared lately; one by Con- 
stance, Countess de la Warr, with an introduction by Father Cuthbert 
(London, Burns and Oates), and one by Mr. John Steele, in Dent's 
" Temple Classics." 

The Mediceval Stage, in two volumes, by E. K. Chambers, has been 
published by the Clarendon Press (New York, Henry Frowde, 1903, 
pp. xiii, 419 ; v, 480). Considerable portions will prove of interest to 
the student of the social life of the middle ages. The last 235 pages of 
Volume II. are given up to appendixes containing chiefly reprints of orig- 
inal documents. 

Noteworthy articles in periodicals : Lucian Johnston, Historians of 
the Medieval Papacy (Catholic University Bulletin, July) ; G. Caro, Die 
Landgiiter in den frankisciien Formelsammhtngen (Historische Vierteljahr- 
schrift, August); C. Neumann, Byzantische Kultur and Renaissance- 
kultur (Historische Zeitschrift, XCI. 2). 


We were in error at this place in the July number in announcing as 
published Mr. Pollard's volume on Thomas Cranmer for the " Heroes of 
the Reformation" series. It is not definitely known when it will be 

Announcement has been made of a new periodical devoted to the 
history of the Reformation: Archil) fur Reformations- Geschichte, to be 
published, with the support of the Verein fiir Reformations-Geschichte, 
by Schwetschke und Sohn, Berlin, at the subscription price of about ten 
marks a year. It will contain documents, articles, notes and queries, 
and a current bibliography of publications relating to the Reformation. 
The editor is W. Friedensburg, director of archives at Stettin. 

The second volume of Mr. Oman's History of the Peninsular War 
appeared in the summer. It covers the time from January to September, 
1809, closing with the end of the Talavera campaign (Clarendon Press). 

M. Gabriel Hanotaux has found time, when only the first volume of his 
History of Contemporary France is out, to put together his studies upon 
the question of harmony among the Latin peoples : La Paix Latine. 
The book purports to be a sort of synthesis of Mediterranean history and 
of the writer's impressions from journeys in Spain, Italy, Tunis, and the 
Adriatic (Paris, Combert et Cie.). 

The Annual Register for 1902 (Longmans, 1903) contains the usual 
amount of valuable statement of political occurrences and of other im- 
portant events. The whole constitutes an excellent summary of the 
year, with special reference, of course, to Great Britain. Unfortunately, 
only 36 pages out of a total of 476 are given to the history of the western 

2 1 6 Notes and News 

hemisphere. The publishers state that all of the volumes of the series 
from 1S63 to 1 90 1 may be purchased. They form a most valuable 
record of the last forty years. 

Noteworthy articles in periodicals : L. Jordan, Niccolo Machiavelli 
iiiui Kalharina von Medici (Historische Vierteljahrschrift, August); 
M. A. Tucker, Gia/i Matteo Giberti, Papal Politician and Catholic 
Reformer, Part III. (English Historical Review, July); A Rebelliau, 
Un Episode dc /' Histoire Religiense du XVII' Steele, — II. La Compagnie 
dit Saint-Sacrement et la Cont re- Reformation Catholique (Revue des Deux 
Mondes, July 1, August 1); P. Muret, Les Papiers de /' Abbe Beliardi 
et les Relations Commerciales de la France et de 1' Espagne an Milieu du 
X\'II1 C Steele, 1757-1770 (Revue d'Histoire Moderne et Contempo- 
raine, July) ; A. Bourguet, Le Due de Choiseul et la Hollande, concluded 
(Revue Historique, July); A. Sorel, De Boulogne a Austerlitz. — /. La 
Coalition (Revue des Deux Mondes, August 15). 


The Royal Historical Society has commemorated the close associa- 
tion with its body of Bishop Stubbs, Bishop Creighton, Dr. Gardiner, 
and Lord Acton, by having prepared a minute bibliography of their 
respective writings. Besides being a complete record of their literary 
activity, it will doubtless be of special advantage to many students for 
its indication of the authorship of innumerable reviews. The arduous 
work of compiling the several lists was done chiefly by Dr. W. A. Shaw. 

The latest addition to Appleton's series of Twentieth Century Text- 
Books is The British Nation, A History, by Professor George M. Wrong, 
of Toronto. The volume is generously and admirably illustrated, having, 
besides genealogical tables, six full-page maps, seventeen maps and plans 
in the text, and as many as 291 pictures, a large number of which are 
intended to teach industrial and social conditions. 

Lingard's History of England, newly abridged and brought down to 
the accession of Edward VII. by Dom Henry Nobert Birt, with a preface 
by Abbot Gasquet, is among the late publications of Messrs. Bell and 
Sons (London). The work in this form is primarily intended for the 
use of schools. 

The first number of The Scottish Historical Review — really a con- 
tinuation and enlargement of the well-known Scottish Antiquary — is 
announced for October. It will endeavor " to cover the wide field of 
History, Archaeology, and Literature with more particular reference to 
Scotland and the I'.orders, and with a special regard to the many com- 
mon features of British national and social evolution" (quarterly, at 10 
shillings ; Glasgow, James Maclehose and Sons). 

Among recent publications of documents is one of considerable in- 
terest which gives the earliest existing "Pipe Roll" of the bishopric of 
Winchester, or "Kent Roll" of the episcopal manors, thirty-seven 
in number, in six southern counties, for the fiscal year 1207-120S. It 

Great Britain 217 

was transcribed and extended, and supplied with an introduction, glos- 
sary, and indexes, by students of the London School of Economics, un- 
der the direction of their lecturer on paleography, Mr. Hubert Hall 
(sold by the director of the school). 

Thomas of Eccleston's " De Adventu F. F. Minorum in Angliam " 
has been done into English under the title The Friars, and how They 
Came to England, with an introductory essay on the spirit and genius of 
the Franciscans by Father Cuthbert (London, Sands). 

The Bampton Lectures for 1903, delivered by the Reverend W. H. 
Hutton, have been published by W. Gardner, London : Influence of 
Christianity upon National Character, illustrated by lives and legends of 
English Saints. 

The Internal Organization of the Merchant Adventurers of England. 
By William E. Lingelbach, Ph.D. (Philadelphia, 1903, pp. 56.) This 
work, originally published as a thesis "in partial fulfillment for the De- 
gree of Doctor of Philosophy" at the University of Pennsylvania, and 
since reprinted in the Transactions of the Royal Historical Society, New 
Series, Vol. XVI., pp. 19-67, first suggested the volume on the Sources 
relating to Merchant Adventurers, already noticed in the Review. It is 
not a history of the society, but rather an exposition of the "character 
and form of the organization of the Merchant Adventurers as it existed 
during the latter half of the sixteenth and earlier part of the seventeenth 
centuries." Based almost exclusively on original material, this careful 
and scholarly study furnishes much new and valuable information on the 
influence of the society as a factor in English history, on the character 
and qualifications of its membership, and on its form of government. 
Dr. Lingelbach brings out more clearly here than in the historical intro- 
duction to his collection of Reprints the nature and importance of his 
contribution on the seat of government of the company : that it was 
located abroad, and not in London. 

The Royal Authority and the English Universities. By James F. 
Willard, Ph.D. (Philadelphia, 1902, pp. 89.) This study, prepared 
as a thesis for the University of Pennsylvania doctorate, traces in careful 
detail and with copious references to the sources the influence of the 
Crown in furthering the growth and independence of the universities of 
Oxford and Cambridge during the thirteenth and fourteenth centuries. 
Among the topics treated are : the development of the judicial powers 
of the chancellors ; the gradual encroachment of the universities on 
borough privileges ; and the relation of the two institutions to the central 
government, with particular reference to exemption from jurisdiction and 
taxation. There are two appendixes, one dealing with the poll-tax of 
the second year of Richard II., the other illustrative of troubles between 
students and town. The bibliography containing a list of the titles 
referred to in the text is helpful, but there is no index. 

E. P. Dutton and Company are publishers in this country of "An 
English Garner ", a reissue in twelve volumes with slight alterations of 

2 i S Notes and News 

Professor Arber's English Gamer (London, 1877-1890). New intro- 
ductions have been written and the material has been rearranged and 
classified. We have already noticed the appearance of Tudor Tracts, 
ijj2-t§8S, with introduction by A. F. Pollard ; Stuart Tracts, 1603- 
1693, with introduction by C. H. Firth ; and Voyages and Travels, 
mainly during the Sixteenth and Seventeenth Centuries, two volumes, 
edited by C. Raymond Beazley. In addition to these have recently ap- 
peared Social England Illustrated, a collection of seventeenth-century 
tracts, with an introduction by Andrew Lang ; Fifteenth Century Prose 
and Verse, with an introduction and glossary by Alfred W. Pollard ; 
Critical Essays and Literary Fragments , with an introduction by J. 
Churton Collins. 

An important contribution to English history is made in a recent 
work by Mr. John Pollock : The Popish Plot, a study in the reign of 
Charles II. (London. Duckworth). 

The Clarendon Press has in hand an edition of the Letters of 
Horace Walpole, prepared by Mrs. Paget Toynbee. Of the sixteen vol- 
umes which it will comprise, four are promised for November. There 
are to be many corrections as compared with previous editions, and a 
hundred or more letters that have not been printed before. 

A Life of Charles James Fox, written by J. LeB. Hammond, was 
issued in the early summer by Messrs. Methuen, London. A political 
study of Fox and of the situation and problems of his day, it devotes at- 
tention chiefly to his part in the transformation of English parties, to his 
attitude on social and international questions, his struggle with the king, 
his views on parliamentary reform, religious toleration, and Pitt's regime 
of coercion, and particularly to his influence on the modern development 
of nationalism and democracy. 

The Orrery Papers, 2 vols., edited by the Countess of Cork and 
Orrery, relate chiefly to John Boyle, fifth Earl of Orrery, and inciden- 
tally contain much information on the social conditions of England and 
Ireland in the early eighteenth century (London, Duckworth and Co.). 

David Hume and his Influence on Philosophy and Theology, by Pro- 
fessor James Orr, of Glasgow, contains an interesting account of Hume's 
life and has something to say of his work as an historian and of the char- 
acteristics of his history (imported by Scribner, 1903;. 

It is announced that Lord Wolseley has now completed his long- 
expected memoirs and that they are to be published this fall, through 
Messrs. Constable, under the title The Story of a Soldier's Life. 

Messrs. H. Sotheran, London, announce a five-volume work on The 
County of Suffolk : its history as disclosed by existing records and other 
documents, being materials for the history of Suffolk. The compiler, 
Dr. Coppinger, of Main's Supplement reputation, has aimed " to give the 
substance of everything relating to the county of an historical or official 

France 2 1 9 

Doubtless many historical students will be interested in two recent 
works relating to the book-trade bibliography in England : one an essay 
on the beginnings of such bibliography since the introduction of print- 
ing, and in England since 1595 ; Three Centuries of English Book-trade 
Bibliography, by A. Growoll ; the other, A List of the Catalogues, etc., 
Published for the English Book-trade from 150)5— igo2, by Wilberforce 
Eames (New York, M. L. Greenhalgh). 

The account of the coronation of Edward VIL, which Mr. J. E. C. 
Bodley was commissioned by the King to write, proves to be a book of 
wide interest. Besides giving a description and a detailed historical 
study of the coronation, it deals with the subject in connection with 
European and British imperial history : The Coronation of Edward the 
Seventh : A Chapter of European and Imperial History (London, 
Methuen). Mr. Bodley has now returned to the work with which he 
has been chiefly occupied for the past five years, a book on the church 
and religious questions in France. 

Noteworthy articles in periodicals : C. T. AVinchester, John Wesley 
(Century, July and August) ; Lord North, Lord North, the Prime Minis- 
ter : a Personal Memoir, II (North American Review, August). 


It seems probable that the twenty-fourth volume of the Recueil des 
Historiens des Gaules et de la Prance, which is announced to appear 
shortly, will be the last of the folio series of this collection. Meanwhile 
the Academy proceeds with the new quarto series, in which it has the 
cooperation of distinguished scholars that are not Academicians, like MM. 
Langlois and Molinier. This now includes four volumes 

The past summer witnessed the publication of an inventory which 
should render much service to students of French history : Etat General 
par Bonds des Archives Departementales, for the ancient regime and the 
Revolutionary period. Among other things it contains a long table 
which purports to indicate what particular documents may be found in 
this or that departmental depot on all different subjects, such as an insti- 
tution, a family, or a town. It applies even to series for which there is no 
special published inventory, and also to those which are only classified 
(Paris, Pi card). 

The 147th fascicle of the Bibliothcque de P Ecole des Hautes Etudes 
is devoted to a group of studies by M. Ferdinand Lot on France in the 
late tenth century : " Etudes sur le Regne de Hugues Capet et la Findu 
X e Siecle." It is understood that an early number of this collection will 
contain an elaborate study of the Northman invasions in France, by Mr. 
A.W.Kirkaldy, now of the University of Birmingham. 

The new edition of the Memoires de Philippe de Commynes prepared 
by M. B. Mandrot for the Picard " Collection des Textes " is now com- 
plete, with the publication of the second volume (1477-1498). 

220 Notes and News 

Some important papers relating to the Orleans family, notably to 
Philippe Egalite, have recently come into the possession of the Insti- 
tute, bequeathed by the Count Beugnot, who had inherited them from 
his father, the historian, and his grandfather, minister under the Resto- 
ration. They were seized from the Duke of Orleans in part at the time 
of his arrest in 1793 and in part before his execution. 

The first volume of a second and entirely revised edition of M. E. 
Levasseur's Histoire des Classes Ouvrieres et de V Industrie en France de 
I/89 a iSjo appeared in the early summer. This is in continuation of 
the same writer's well-known work on the period preceding the Revolu- 
tion (Paris, Rousseau). 

French revolutionary literature has received an interesting addition in 
Parts in ' 48 : Letters from a Resident Describing the Events of the Revo- 
lution, by Baroness Bonde, edited by C. E. Warr. The writer of these 
letters lived some thirty years in Paris and was intimately acquainted 
with the diplomatic circle (London, Murray). 

The correspondence of Thiers relating to the liberation of French ter- 
ritory after the war with Prussia was published the past summer in Paris : 
La Liberation du Territoire, two volumes (Calmann-Levy). 

The varied activity of M. Leopold Delisle appears now in a Catalogue 
des Livres Imprimis on Publics a Caen avant le Milieu du Seizieme Steele, 
followed by investigations upon the printers and publishers of the same 
town. This is to be continued by a second volume devoted to texts 
which will reflect the masters and students of the university in the time 
of Charles VIII. , Louis XII., and Francis I., and set forth the delibera- 
tions of the university concerning the book business of the time and the 
state of persons engaged in it. In this connection welcome may be said 
to a classified bibliography of writings relating to printing and publish- 
ing in France : Essai de Bibliographic de P Histoire de f Imprimerie Typo- 
graphique et de la Librairic en France, by Paul Delalain (Paris, Picard). 

Noteworthy articles in periodicals : H. Gravier, Essai sur les Pre- 
vots Roy a us du XI' an XIV Steele (Nouvelle Revue Historique du 
Droit, beginning in the July number) ; V.-L. Bourrilly, Le Regne de 
Francois /"', Etat des Travaux et Questions a Tr alter, concluded 
(Revue d' Histoire Moderneet Contemporaine, June) ; New Lights on the 
French Revolution (Quarterly Review, July) ; France under Thiers (Edin- 
burgh Review, July) ; J. Haller, Der Ur sprung der galltkanischen Frei- 
hcilcn (Historische Zeitschrift, XCI. 2) ; E. C. Lodge, Serfdom in the 
Bordelais (English Historical Review, July) ; W. M. Sloane, Radical 
Democracy in /''ranee, II. (Political Science Quarterly, June). 


An admirable account of the Hanse towns forms the nineteenth vol- 
ume of the " Monographien zur Weltgeschichte " : Die Deutsche Hanse, 
by Professor Dietrich Schafer. Like the other numbers of the series the 
book is handsomely and elaborately illustrated (Leipzig, Velhagen und 
Klasing ; New York, Lemcke and Buechner). 

America 221 

Among the recent publications on German history are several con- 
tinuations of well-known works. The revised edition of Janssen, as 
edited by Pastor, has reached the eighth volume (Freiburg i. Br., 
Herder); E. Michael's third volume bears the subtitle " Deutsche Wis- 
senschaft und deutsche Mystik wahrend des dreizehnten Jahrhunderts " 
{idem); and the second of Lamprecht's volumes on contemporary Ger- 
many treats of " Wirtschaftsleben, soziale Entwicklung " {ibid., Hey- 

Professor Ottokar Lorenz, of the University of Jena, has finished his 
Kaiser Wilhelm und die Begrundung des Reichs, 1866-1871 (Jena, G. 

Noteworthy articles in periodicals : W. Stolze, Die 12 Artikcl und 
ihr Verfasser (Historische Zeitschrift, XCI. 1); G. Goyau, L Allemagne 
Catholique ■ entre 1800 et 1848. — I. La Reorganisation de V Eglise 
(Revue des Deux Mondes, July 15); F. Rachfal, Osterreich und Preus- 
sen ini Miirz 1848, I. (Historische Vierteljahrschrift, August). 


Several valuable volumes were issued the past year by the Russian 
Historical Society. Two of them (109, no) contain the despatches of 
the Austrian and English ambassadors in Russia in the eighteenth cen- 
tury. Another (113) gives the diplomatic correspondence of the Rus- 
sian and French governments in the years 1814-1816. 

The publication of a learned History of A/oscow by I. Zabielin, was 
begun in Russia the past year. The first volume is devoted to the 
Kremlin, and gives the results of some twelve years' investigations. 

A recent book by H. Marczali, professor in the University of Buda- 
pest, lists by epochs the sources of Magyar history in so far as these con- 
sist of chronicles, memoirs and descriptions, and gives extracts from 
them which reflect the social and political conditions in successive pe- 
riods : Enchiridion Fontium Hisiorioz Hungarorum (Budapest, Athe- 
naeum). The work is intended as a manual for native students, but 
since most of the sources down to the nineteenth century are in Latin, it 
may be of interest also to many persons who do not read Hungarian. 


In the autumn list of Messrs. Houghton, Mifflin, and Co. are to be 
noted a new text-book on American history by J. N. Larned ; a Reader'' ' s 
History of American Literature, by Thomas Wentworth Higginson ; 
American Tariff Controversies in the Nineteejith Century, by Edward 
Stanwood, and a holiday edition of the late John Fiske's Dutch and 
Quaker Colonies, in two volumes. The Memoirs of Rufus Putnam, an 
autobiographical account of General Putnam and his ancestors, edited by 
Rowend W. Buell ; American History and its Geographic Conditions, by 
Ellen C. Semple ; Louisiana, by Albert Phelps (American Common- 
wealths) are among the new books in preparation. 

The Macmillan Company announce for autumn publication Select 
Charters and other Documents Lllustrative of the History of the United 


Notes and News 

States, 1867-1898, edited by Professor William MacDonald of Brown 
University ; and a Life of Robert Morris by Dr. Oberholzer. 

We select from the autumn announcements of D. Appleton and 
Co. Life and Times of Thomas Jefferson, by Thomas E. Watson ; 
Anthony Wayne, by John R. Spears, and Champlain, The Founder of 
New France, by Edwin Asa Dix, in the series of "Historic Lives" ; 
and Steps in the Expansion of Our Territory, by Oscar P. Austin, in the 
"Expansion Series". Cortez, by F. A. Ober, Sir William Pefperell, 
by Noah Brooks, and George Rogers Clark, by Reuben G. Thwaites are 
in preparation for the former series ; and Rocky Mountain Exploration, 
by Reuben G. Thwaites, The Conquest of the Southwest, by Cyrus Town- 
send Brady, and The History, Purchase, and Resources of Alaska, by 
Oscar P. Austin, for the latter. 

Following its printed author catalogue, so well begun, the Biblio- 
theque Nationale is issuing a classed catalogue of its collection of Ameri- 
cana— Catalogue de /' Histoire de f Amcrique, par George A. Barnnger, 
bibliothecaire au department des Imprimes. The first volume is a small 
quarto of 854 pages, double columns, written in a handsome vertical 
cursive, printed by mimeograph, and issued in sheets. It comprises the 
narratives of exploration and discovery, general works on America, 
Canada, and the United States, religious and constitutional history, and 
our national and state documents. The titles are given with fullness and 
care ; and the great library, so rich in material relating to this country, 
cannot be too highly commended for its enterprise in thus opening up its 
treasures to the knowledge of our students. The number of copies will 
naturally be limited, and the distribution in the United States is made 
through the Department of State. 

Ernest Leroux, Paris, announces, as in preparation by Henry Vignaud, 
Les Precurscurs de Barthelemv Diaz ef de Christophe Colomb. It will be 
a volume of critical notes upon all the Atlantic voyages preceding and 
preparatory to the discovery of the route to the Indies and to the New 
World. The same publisher also advertises Villegagnon Roi TAmerique, 
un Homme de Mer au XVT Steele ^510-1572), by Arthur Heulard. 

Volumes of interest to the genealogist are The History of the Trcman, 
Tremaine, Truman Family in America; with the related families of Mack, 
Hey, Board and Ayers (Press of the Ithaca Democrat, Ithaca, N. Y.), 
two large and weighty volumes, illustrated, and filled with a well- 
arranged mass of genealogical detail. 

The Deutsch-Amerikanische Gcsehichtsblattcr for July contains the 
concluding parts of Professor Benjamin Terry's " Die Heimstattengesetz- 
Bewegung" ; " Deutsches Blut in den Vereinigten Staaten und m Illi- 
nois im neunzehnten fahrhundert", a statistical study of German immi- 
gration and descendants, by Emil Mannhardt, and the first of a series of 
articles on " German Political Refugees in the United States during the 
Period from 1815-1860," by Ernest Bruncken. 

America 2 2 ^ 

Among the fall publications of G. P. Putnam's Sons are Old Paths 
and Legends of New England, by Katharine M. Abbott, and Literary 
New York: Lts Landmarks and Associations, by Charles Hemstreet. 

The last volume in the Colonial Series of the Calendar of State Papers 
is concerned with America and the West Indies from January, 1693, to 
May 14, 1696. The latter date is significant because it marks the end 
of the regime of the old Committee of the Privy Council for the Admin- 
istration of Trade and of the Plantations. 

The following are among the recent announcements of Messrs. Bur- 
rows Brothers, Cleveland : Esquemeling's Bucaniers of America, in four 
volumes, edited by Felix Neumann, of the Library of Congress ; a trans- 
lation of a life of Christopher Columbus by his son Fernando, edited by 
Professor E. G. Bourne; New York; a reprint of An Historical and 
Geographical account of the Province and County of Pensilvania, and of 
West New Jersey in America, by Gabriel Thomas, London, 1698, edited 
by Cyrus Townsend Brady. The same firm has recently issued in very 
attractive form New York Considered and Improved, i6 95 , by John 
Miller. The volume, which is published from the original manuscript 
in the British Museum, is provided with a long and careful introduction 
by Victor Hugo Paltsits. 

An exact reprint of the second issue (1698) of Father Hennepin's 
New Discovery is promised for October by A. C. McClurg and Co., 
Chicago. The work is to be in two volumes, with facsimiles of the 
original title-pages, maps, and other illustrations. Mr. Reuben G. 
Thwaites furnishes the introduction, notes, and an analytical index 
while Mr. Victor H. Paltsits, of the Lenox Library, contributes a bibliog- 
raphy of Hennepin. 

It is reported that the two new volumes of Sir George Otto Treve- 
lyan's work, The American Revolution, are in the press and will be issued 
by Messrs. Longmans, Green, and Company this fall. The same firm 
has just published Actual Government, as applied under American Con- 
ditions, by Professor Albert Bushnell Hart, a new volume in the "Ameri- 
can Citizen " series. 

A Calendar of John Paul Jones Manuscripts in the Library of Congress, 
to which reference was made in the last number of the Review, is now 
published (Washington, Government Printing Office, 1903). It has 
been prepared by Dr. Charles Henry Lincoln. It makes a volume of 
316 pages, including 883 entries, with a thorough index, and has for its 
frontispiece a fine portrait of Jones from the original bust by Houdon. 

Part I V. of the Trumbull Papers ( Massachusetts Historical Collections 
Seventh Series, Vol. III., Boston, 1902) completes the publication of 
these interesting and valuable sources for the study of Revolutionary his- 
tory. This last volume is not less important than the preceding. The 
letters range from January of 1780 to October, 1783, covering & the last 
military events of the war, the treaty, and the approach of peace, and 
the financial frailties of the mendicant Confederation. There are letters 

224 Notes and News 

from Silas Deane, Oliver Ellsworth, Robert Morris, Robert R. Living- 
ston, Jonathan Trumbull, Jr., and Washington, as well as from many 
other correspondents, discussing the important military and political 
conditions of the time. The papers were collected by Governor Trum- 
bull himself with the intention that they should be preserved as 
materials for future historians" ; and there is some reason for thinking, 
- we are told, that he thought seriously of writing a history of America 
himself Whether he had such intention or not, the careful collection 
and preservation of his papers entitles the Revolutionary governor to the 
gratitude of American historical scholars. 

An account of the identification of the site of Fort Washington in 
New York city, and of the erection and dedication of a monument on 
the spot, in November of 1 901 , by the Empire State Society of the Sons 
of the American Revolution, has been published by the society. It con- 
tains, besides the addresses customary on such occasions a history ^of the 
defense and reduction of the fort written by Reginald Pelham Bol on, 
accompanied by several maps and plans of the fort and the neighbor- 
hood It is published by E. S. Gorham, of New York. 

The Congressional Library has recently added to its collection in the 
division of manuscripts some of the papers of William Paterson, delegate 
from New Jersey in the Federal Convention. 

Mr A* P C. Griffin, of the division of bibliography of the Library 
of Congress, has compiled and edited a Select List of Books on the Con- 
stitution of the United States and also a Select List of Books on the Cabtnes 
of England and America (Washington, Government Printing Office, 

^ The American Advance, a Study in Territorial Expansion, by Ed- 
mund I. Carpenter, has been published by John Lane (London and New 
York 100, pp. ix, 331). Mr. Carpenter adheres to the Whitman story, 
lying lat'he 1 is "not unaware that an iconoclastic attempt has recent y 
been made to relegate the entire story of Whitman's ride and mission to 
the realm of fable." 

Mr Robert Brent Mosher, of the Department of State, has recently 
published an Executive Register of the United States, furnishing much 
valuable information, arranged by administrations, concerning the per- 
sonnel of the various administrations and the origin of the several depart- 

ments. , 

Mr. Gustavus M. Pinckney, of the Charleston Bar, has recently pub- 
lished with the Walker. Evans, and Cogswell Co., Charleston, S. C, a 
Life of John C. Calhoun. 

John White Chadwick's William Ellery Chanmng (Houghton, 
Mifflin, and Co., 1903, PR -ii, 463) tells in an entertaining way *■ 
life story of the great preacher and reformer. It contains among othe 
things a good account of Channing's awakening to the evils of slaver 
and of the part he took in the antislavery movement. 

America 225 

Martha T. Hunter is the author of a memoir of her father, Robert 
M. T. Hunter (Washington, The Neale Publishing Co., 1903, pp. 166). 
The book is pleasantly written and is largely made up of letters, most of 
which, however, are of personal rather than of general interest. 

The First New York {Lincoln) Cavalry from April ig, 1861, to July 
7, r86j, has been written by Mr. William H. Beach, adjutant of the 
regiment, and published by the Lincoln Cavalry Association (New York, 
1902, pp. vii, 559). It is an interesting narrative of the experiences of 
the regiment, which saw a great deal of service in Virginia during the 
four years of the war. Most of the matter will be of chief interest to the 
survivors of the regiment, for whom perhaps the book is chiefly intended, 
but there are entertaining details of the daily life of the common soldier. 
Noteworthy is Sergeant Charles R. Peterson's diary of nine months' im- 
prisonment in Andersonville. 

The sixteenth volume of the Second Series of the Proceedings of the 
Massachusetts Historical Society (Boston, 1903), contains the papers that 
were read at the regular meetings in the year 1902. It includes, among 
other valuable contributions, "Rev. John Higginson, of Salem," by 
Simeon E. Baldwin; "Cotton's 'Moses his Judicials,' " by Worthing- 
ton C. Ford; and the paper on "The Historical Conception of the 
United States Constitution and Union," by Daniel H. Chamberlain, to 
which reference has previously been made in the Review. Nearly 175 
pages are taken up with the " Diary of John Quincy Adams, while a law 
student in Newburyport, " an interesting paper containing the "record 
of the life of a young man of twenty, brought up in the Europe of Louis 
XVI., Catherine II., and George III., suddenly transferred to America, 
and planted in ... a substantial seaport of some five thousand inhabi- 
tants, largely engaged in commerce." The diary is copiously annotated. 
No use was made of this material in the Memoirs of John Quincy Adams. 

The Research Publishing Company of Boston are undertaking the 
publication of an illustrated subscription work in three volumes on New 
England Colonial Aristocracy. It is being issued in eighteen bimonthly 
parts: Volume I. deals mainly with economic, political, and social con- 
ditions of early New England ; Volume II. with the origin and subse- 
quent history of prominent New England families ; Volume III. with 
their descendants and connections. Mr. Eben Putnam is the editor. 

The first publication of the Club for Colonial Reprints of Providence, 
Rhode Island, is The Fourth Paper presented by Major Butler, with other 
papers edited and published by Poger Williams in London, i6j2 (Provi- 
dence, 1903, pp. xxiii, 49). An introduction and notes are supplied 
by Clarence Saunders Brigham. They show the place of the pamphlet 
in the constitutional history of the time, 1652, the close relationship 
between the Puritans of Old and of New England, and the effort that 
was making to securing " religious liberty without weakening the power 
of the civil authority." The Fourth Paper itself is printed in facsimile. 
Of the original pamphlet only two copies are known to be extant, one 

AM. HIST. REV., VOL. IX. — 15. 

2 26 Notes and Neivs 

in the John Carter Brown library, the other in the British Museum. This 
is said to complete the reprints of the known tracts of Roger Williams. 
The edition is limited. The club offers for sale the numbers not taken 
by the members of the club. (Address George P. Winship, Providence.) 

The Finances and Administration of Providence, i6j6-i<poi, by 
Howard Kemble Stokes (Extra Volume XXV. in the "Johns Hopkins 
University Studies," J 903, pp. vii, 464), is not simply an exposition of 
present conditions or of recent tendencies. A large portion is given up 
to a consideration of early methods under the old town system, and the 
whole constitutes a detailed history of the financial administration of 
Providence from its foundation to the present. Certain portions were 
written originally as a doctor's thesis at Brown University. 

The Grafton Press of New York announces the History of Wethers- 
field, Connecticut, by Dr. Henry L. Stiles. 

President Dwight's Memories of Yale Life and Men, /S^j-iScjp 
(New York, Dodd, Mead, and Co., 1903, pp. 500), is full of interest to 
the student of educational and general social history. It has much to do 
with the personnel of the university during an important half-century of 
its growth, and for this reason will be of special interest to Yale gradu- 
ates. But, written in a charmingly simple and direct style, it will 
appeal also to the general reader and to the student of American progress. 

The Connecticut Historical Society are publishing the " Roll of Con- 
necticut Men in the French and Indian War ", 1 755-1 762. Volume IX. 
of their collections (Hartford, 1903) contains the first volume of these 
rolls, extending from 1755 to 1757. 

Dr. Franklin B. Dexter has reached the third volume of his Yale 
Biographies and Annals (Henry Holt and Co.) covering the period 
1 763—1 773. Like its predecessors, this volume contains much accurate 
and valuable as well as minute and curious information. 

Transcripts with index of " Some Early Records of the Lutheran 
Church, New York ", is the most important historical feature of the Year 
Book of the Holland Society of New York for 1903. 

Mr. William Nelson edits Volume XXI I. of the New Jersey Arch- 
ives, Documents relating to the Colonial History of New Jersey, which is 
devoted to marriage records, 1665-1800. The editor in a valuable 
introduction discusses the early marriage-laws of New Jersey with some 
attention to those of adjacent colonies. 

Aside from continuations, the most noteworthy contributions to the 
July number of The Pennsylvania Magazine of History and Biography are 
" How the News of the Battle of Lexington reached Philadelphia", in 
which a facsimile of the despatch sent from Watertown on the morning 
of April 19, 1775, is reproduced ; " Some Love Letters of William Penn", 
all falling within the year 1695, selected from the Penn-Forbes collection 
of manuscripts presented to the historical society by William Brooks 
Rawle ; "The American Philosophical Society, 1 743-1 903", a reprint 
of Mr. J. G. Rosengarten's address at the annual dinner of the society, 

America 227 

April 3, 1903. A list is given of the most valuable manuscripts and 
documents relating to colonial Pennsylvania acquired by the Historical 
Society last May. From the same periodical we learn that the last 
assembly passed an act creating a division of public records, in connec- 
tion with the State Library, devoted to the preservation of all public 
records throughout the commonwealth, and especially those of the state 
government not in current use, from the earliest times to the year 1750. 

Dr. Julius Friedrich Sachse has expanded his chapter on Justus 
Falckner in German Pietists into a memorial volume entitled Justus 
Falckner, Mystic and Scholar (Philadelphia, printed for the author, 
1903, pp. iii, 141). The occasion for the publication is the bicentennial 
"of the first regular ordination of an orthodox pastor in America." 
Much new material is presented, the most noteworthy being the diploma 
of ordination of Falckner of November 24, 1703. The book is profusely 
illustrated with reproductions of old prints, with modern pictures of the 
scenes of Falckner's labors, and with facsimile reprints of old title-pages 
and of documents. 

The following are some recently published works relating to Penn- 
sylvania local history : Captain Gustavus ConyngJiam, a Sketch of the Ser- 
vices he rendered to the Cause of American Independence, by Charles 
Henry James, published by the Sons of the American Revolution, 1903 ; 
The Order- Book of Fort Sullivan and Extracts from Journals in General 
Sullivan's Army relating to Fort Sullivan, by Mrs. Louise Welles Murray, 
The Tioga Point Historical Society, Athens, Pa., 1903; History of 
Frank/in and Marshall College, by Joseph Henry Dubbs, Lancaster, 

Mr. Oscar Jewell Harvey, Wilkesbarre, Pa. , is expected to publish 
in January of the coming year his History of Wilkesbarre, Luzerne 
County, Pa., a work on which he has been engaged for several years. 
The author is said to have treated the Revolutionary and colonial pe- 
riods of the Wyoming Valley with exceptional fullness. 

The May number of the Publications of the Southern History Associa- 
tion opens with an account of the proposed publication of the rosters of 
those who served in the Confederate army during the Civil War. This 
forms part of a general scheme to publish a complete roster of officers 
and enlisted men of the Union and Confederate armies and will be pub- 
lished as a continuation of the Official Records of the Union and Confed- 
erate Armies. The work is authorized by an act of Congress of Feb- 
ruary 25, 1903, and will be under the general supervision of the 
Secretary of War; but in the more immediate charge of Brigadier-Gen- 
eral F. C. Ainsworth, Chief of the Record and Pension Office. The 
present article reports what has already been done by the various states 
of the Confederacy towards preserving a record of their troops. In the 
same number F. W. Moore, Ph.D., of Vanderbilt University, begins a 
series of papers entitled "Calhoun as seen by his Political Friends," 
consisting mainly of letters of Duff Green, Dixon H. Lewis, and Richard 

228 Notes and News 

K. Cralle during the period from 1831 to 1848. There are appended 
sketches of the history and nature of the materials, and of the characters 
and careers of the writers. Also we note the beginning of a series of 
selections from the correspondence of Judge James Duane ( 1 732—1 797) , 
bearing mainly in Revolutionary, Southern, and early educational his- 
tory. The first instalment extends from 1761 to 1789. The July num- 
ber of the Publications is devoted mainly to a continuation of docu- 
ments the printing of which was begun in an earlier number: "Texas 
Revolutionary Sentiment," "The Duane Letters," "General Joseph 
Martin," "Calhoun as seen by his Political Friends." The first docu- 
ment is a letter to Thomas H. Miller, concerning the capture of St. 
Mary's, Georgia, by Admiral Cockburn. 

According to the Virginia Magazine of History, July, 1903, in 
Gleanings of Virginia, An Historical and Genealogical Collection, largely 
from original Sources, compiled and published by William Fletcher 
Boogher, Washington, D. C, 1903, the author has gathered some new 
and interesting matter and reprinted some things that will be serviceable 
to those who do not have access to Hening's Statutes at Large of Vir- 

In addition to continuations, the Virginia Magazine of History and 
Biography for April contains much interesting matter. The " Proceed- 
ings of the Virginia Committee of Correspondence, 1 759—1 767 " is taken 
from the original papers in the Virginia state archives. This committee 
consisted of members of the council and the house of burgesses appointed 
to correspond with the colony's agent in England, Edward Montague, 
Esq., of the Middle Temple. W. F. Dodd contributes a study prepared 
in the constitutional history seminary at the University of Chicago on 
" The Effect of the Adoption of the Constitution on the Finances of Vir- 
ginia," which is largely occupied with a history of Virginia finances from 
1 7 76-1 790. While the Calendar of Virginia State Papers was being pub- 
lished the editors discovered various papers after the volumes covering the 
appropriate dates had been issued. It was originally intended to publish 
these in a separate volume, but that intention was never carried out. 
Although the papers are not of any great importance, the Virginia Maga- 
zine of History has undertaken to print them to complete the set. The 
remainder of the executive documents are in the present number, and the 
legislative documents will be continued later. In the series on Virginia 
newspapers in public libraries an annotated list is given of those in the 
Virginia State Library. In the July number Mr. Lothrop Withington 
contributes a group of documents with explanatory notes relating to the 
"Surrender of Virginia to the Parliamentary Commissioners, March, 
165 1-165 2." The most important feature is the report of the commis- 
sioners, from the British Museum Library, which gives the first contem- 
porary account of the surrender known to historians. Among the papers 
published under " Virginia in 1638-1639 " are Governor Wyatt's com- 
missions and instructions. Captain H. T. Owen, of Virginia, furnishes 

America 229 

a list of Virginians who have become governors of other states from 1779 
to 1865. 

History is well represented in the South Atlantic Quarterly for July. 
Professor Edwin Mims, of Trinity College, writing on "The Reform 
Movement in New England," treats briefly but ably certain intellectual 
leaders of the first half of the last century and their attitude toward the 
problems of their time, particularly antislavery. Dr. U. B. Phillips, in 
"The Economics of the Plantation ", considers agriculture in the south, 
especially since the Civil War. The second of Mr. Walter M. Fleming's 
articles on the peace movement in Alabama is entitled "The Peace 
Society, 1 863-1 865." Henry Rudolf Dwire writes on "The New 
York Times and the Attempt to Avert the Civil War." The importance 
of the attitude of this paper was due to the fact that its editor, Henry J- 
Raymond, was close to Seward, and hence would reflect his policy. The 
author concludes that the failure of attempts like that of the Times prove 
that the contest was inevitable. 

The Autobiography of Josepii Le Coute (Appleton, 1903, pp. xvii, 
337) is not without its value to the student of history, and must be of 
interest to anyone who enjoys reading a simple tale of a noble life. The 
book is edited by William Dallam Armes, who has made changes in the 
original manuscript, mainly in the way of omitting personal passages, 
and of inserting certain portions from Professor Le Conte's journal or 
other writings. Born on a plantation in South Carolina in 1823, Le 
Conte spent most of his life in that state till he went to the University of 
California in 1869. 

In the July number of the South Carolina Historical and Genealogical 
Magazine begins a series of letters from Rev. Samuel Thomas, appointed 
first missionary to the Province of Carolina, July 3, 1702, by the Society 
for the Propagation of the Gospel. The letters are to officers of the so- 
ciety and were copied from the society's manuscript volumes. Those so 
far published, covering the years 1702-1710, seem to be chiefly of a 
personal nature, though here and there occur items of a more general 
historical interest. 

With the appearance of the May issue of the Gulf States Historical 
Magazine Mr. Thomas M. Owen resigned from the editorship to devote 
himself more exclusively to his duties as director of the Alabama Depart- 
ment of Archives and History. Mr. Owen is succeeded as editor and 
proprietor by his former associate, Mr. Joel C. Du Bose. 

In the Gulf States Historical Magazine for May, 1903, Mr. Dunbar 
Rowland, director of the Mississippi Department of History and Archives, 
reprints a letter, dated January 2, 1804, from Wm. C. C. Claiborne, 
Governor General of the Province of Louisiana, to James Madison, Sec- 
retary of State. Mr. Rowland states that Governor Claiborne's private 
executive journal in possession of the Archives from which the letter is 
taken, contains much valuable material relating to the Louisiana pur- 
chase. Wm. Beer, of the Howard Memorial Library, New Orleans, has 

2 30 Notes and News 

a series of bibliographical notes on material relating to the history of the 
Gulf states previous to the beginning of the nineteenth century. The 
editor furnishes a list of newspaper files in the Carnegie Library, Atlanta, 
Ga. , and Miss Mary Robinson contributes a list of Alabama newspaper 
files in the library of the American Antiquarian Society, Worcester, 
Mass. Among the articles in the July number are: " Recollections of 
the Growth and Development in the North of the Anti-Slavery Senti- 
ment that led to Secession", by Judge Wm. D. Wood; "John Bell, 
Constitutional Union Candidate for President in i860", by Miss Sallie 
Fleming Ordway. Under the title " An Alabama Protest against Aboli- 
tion", Mr. Owen publishes a series of contemporary documents illus- 
trative of the contest between the South and the abolitionists in the 
thirties ; Miss Mary Robinson furnishes a list of the Mississippi news- 
paper files in the American Antiquarian Society Library. 

Mr. Thomas M. Owen, director of the department, has compiled for 
the Department of History and Archives of Alabama, an Alabama Official 
and Statistical Register (Montgomery, Ala., Brown Printing Co., 1903, 
pp. 326). It contains much material of historical and genealogical 
interest, c. g. } short biographical sketches of state officers, lists of popu- 
lation and elections, and, what would seem of most value, lists of the 
organization and personnel of each of the constitutional conventions of 
the state, 1819-1901, with a complete bibliography of the literature of 

It is announced that Messrs. Manzi, Joyant, and Co., New York, have 
in preparation an illustrated four-volume History of Louisiana, by Alcee 
Fortier, professor of romance languages in Tulane University and presi- 
dent of the Louisiana Historical Society. The edition is to be a limited 
one sold only on subscription. 

The first instalment of " Early Addresses and Messages of the 
Governors of Tennessee" in the American Historical Magazine and 
Tennessee Historical Society Quarterly for July presents those of Gov- 
ernor John Sevier, 1796-1801. In the series on " Military Government 
in Alabama under the Reconstruction Acts ' ' Mr. Walter L. Fleming 
deals with the administration of General Pope. Judge Nathaniel Bax- 
ter's "Reminiscences" furnish a good introduction to the "Executive 
Correspondence of Governor James K. Polk", from originals in the 
archives of the Secretary of State's office, both of which appear in this 

The June number of the Records of the American Catholic Historical 
Society of Philadelphia contains among other articles " Letters Concern- 
ing Missions of the Mississippi Valley, A. D. 1818-1827." These 
letters are translated from Annates de F Association de la Propagation de 
la Foi (Lyons, 1826-1827). 

Concerning the Forefathers is the title of a handsome book written by 
Charlotte Reeve Conover (Dayton, Ohio, 1903). It is a memoir of 
Colonel Robert Patterson and Colonel John Johnston, with some notice 

America 2 3 1 

of other members of the Patterson and Johnston families. Robert Pat- 
terson was one of the early pioneers of Kentucky, an Indian fighter ot 
distinction, one of the founders of Losantiville, /. e., Cincinnati, and 
one of the early settlers of Dayton. While the volume is intended to be 
only a memorial, with its many illustrations and its reprints of documents 
it is not an unimportant contribution to the history of the West. 

Mr. F. H. Turner has in the Quarterly of the Texas Historical Asso- 
ciation for July, 1903, an exhaustive paper on the expedition of Colonel 
Jose Antonio Mejia to Texas in July, 1832. 

The July number of the Iowa Journal for History a mi Politics opens 
with an article on "The Wisconsin Gerrymander of 1891, 1892, A 
Chapter in State Constitutional History," by Mr. Francis Newton 
Thorpe. Of more local interest is an article on congressional districting 
in Iowa, by Paul S. Peirce. An accompanying series of maps show the 
" exact form and extent of the districts established by the several acts of 
the General Assembly." Miss Margaret Buckington furnishes a " Bibli- 
ography of Iowa State Publications for 1900 and 1901 ". 

The Iowa State Historical Society have already issued three volumes 
of their projected series of Messages and Proclamations of the Governors 
of Iowa, edited by Professor B. F. Shambaugh. The second volume 
contains the messages of Governors James W. Grimes, Ralph P. Lowe, 
and Samuel J. Kirkwood ; the third includes the proclamation and 
messages of Governors William Milo Stone and Samuel Merrill. This 
brings the series down to 1872. 

Mr. R. R. Bowker has in preparation a provisional list of the publi- 
cations of the state of Iowa. 

The Lewis and Clark field-notes, in possession of the American Phil- 
osophical Society, of Philadelphia, are being prepared for publication by 
Mr. Reuben Gold Thwaites. This edition is to be published as a part of 
the centennial celebration of the Lewis and Clark expedition. 

' ' The Lewis and Clark Centennial, the Occasion and its Observance, ' ' 
by Professor F. G. Young, forms the subject of the opening article of the 
Quarterly of the Oregon Historical Society for March. It comprises a 
brief sketch of Oregon history, a discussion of the importance of the 
acquisition and opening up of the territory, and a description of the 
places for the proposed observance. In the same issue are printed a 
number of contemporary letters describing conditions in Oregon in the 
forties. In the June number may be noted " Oregon and its Share in 
the Civil War," by Robert Treat Piatt ; "The Great West and the Two 
Easts," a survey of the resources and progress of the territory west of 
the Mississippi during the last fifty years, by Henry E. Reed; " Social 
and Economic History of Astoria", by Alfred H. Cleveland. The doc- 
uments include: "Two Whitman Sources", papers "relating to the 
Oregon Emigration Movement, 1842-1843 " ; "Experiences of the 
Emigration of 1843" ; and "Letters descriptive of Oregon and its 
Earlier Conditions." 

232 Notes and News 

The report of the military governor of Porto Rico on civil affairs 
(Part 13 of the Annual Reports of the War Department for the year end- 
ing June 30, 1900, pp. 470—471) contains a brief account of the 
historical collections relating to the island and tells where they are to be 
found. The account is reprinted in the Gulf States Historical Magazine, 
March, 1903, pp. 371-372. 

The Arthur H. Clark Company, Cleveland, whose history of the 
Philippine Islands was originally intended to extend only to 1803, have 
decided to include the nineteenth century, while keeping the number of 
volumes within the limits already announced — fifty-five. The new title 
will be The Philippine Islands, I4pj-i8p8. 

Noteworthy articles in periodicals : H. Morse Stephens, John Fiske 
as a popular Historian (World's Work, April) ; Emil Reich, A New 
View of the Revolutionary War (North American Review, July) ; Elsie 
Bessie Atwater, In the Courts of Kings, Connecticut Agents JFho Ap- 
peared before the Throne in Appeals for Justice (Connecticut Magazine, 
April-May) ; Charles E. Magoon, The War Department — Administration 
of Civil Government (Scribner's Magazine, July) ; Matthew E. Hanna, 
The First Year of Cuban Self- Government (Atlantic Monthly, July) ,; A. 
Viallate, les preliminaires de la guerre hispano-americaine et P annexion 
des Philippines par les Plats- Unis (Revue Historique, July-August); 
Bernard C. Sterner, Two Pighteenth Century Missionary Plans (Se- 
wanee Review, July) ; Andrew D. White, Chapters from my Diplomatic- 
Life (The Century, August-September). 

Volume IX~\ January, 1904. \_Number 2 


mctiran §p$tatical jkdcw 


CIRCUMSTANCES deprive me of the honor of presiding over 
this meeting of the American Historical Association to 
which your kindly appreciation has called me, but at least I can 
fulfil the pleasant duty of addressing to you a few words on a topic 
which is of interest to all of us, whether students or writers of his- 
tory. In this I do not pretend to instruct those whose opinions 
are, to say the least, fully as mature and worthy of consideration as 
my own, but merely to contribute to a discussion which will prob- 
ably continue as long as men shall strive to bring the annals of the 
past to the knowledge of the present. 

One whose loss we all deplore and whose memory we honor as 
perhaps the most learned and thoughtful scholar in the English- 
speaking world — the late Lord Acton — in his well-known Cam- 
bridge Lecture, has formally placed on record his opinion on 
ethical values in history when saying, " I exhort you never to de- 
base the moral currency or to lower the standard of rectitude, but 
to try others by the final maxim that governs your own lives and 
to suffer no man and no cause to escape the undying penalty which 
history has the power to inflict on wrong. The plea in extenuation 
of guilt and mitigation of punishment is perpetual. At every step 
we are met by arguments which go to confuse, to palliate, to con- 
found right and wrong, and to reduce the just man to the level of 
the reprobate. The men who plot to baffle and resist us are, first 
of all, those who made history what it has become. They set up 
the principle that only a foolish Conservative judges the present 
time with the ideas of the Past; that only a foolish Liberal judges 
the Past with the ideas of the Present." 

J The President's address to the American Historical Association, December 29, 


AM. HIST. REV., VOL. IX. — l6. 

234 H. C. Lea 

The argument with which Lord Acton justified this exhortation 
to his students presupposes a fixed and unalterable standard of 
morality, together with the comfortable assurance that we have 
attained to that absolute knowledge of right and wrong which 
enables us to pass final judgment on the men of the past, secure 
that we make no mistake when" we measure them by our own moral 
yardstick. Every foregone age has similarly flattered itself, and 
presumably every succeeding one will continue to cherish the same 

I must confess that to me all this seems to be based on false 
premisses and to lead to unfortunate conclusions as to the objects 
and purposes of history, however much it may serve to give point 
and piquancy to a narrative, to stimulate the interest of the casual 
reader by heightening lights and deepening shadows, and to sub- 
serve the purpose of propagating the opinions of the writer. 

As regards the inferred premiss that there is an absolute and 
invariable moral code by which the men of all ages and of all degrees 
of civilization are to be tried and convicted or acquitted, a very 
slender acquaintance with the history of ethics would appear suffi- 
cient to establish its fallacy. It would be overbold to suggest that 
morals are purely conventional and arbitrary, yet anthropological 
research has shown that there is scarce a sin condemned in the 
Decalogue which has not been or may not now be regarded rather 
as a virtue, or at least as an allowable practice, at some time or place 
among a portion of mankind, and no one would be so hardy as to 
judge, with the severity of the Hebrew law-giver, those who merely 
follow the habits and customs in which they have been trained. We 
regard the gallows as the rightful portion of him who slays his 
fellow-creature for gain, yet who among you would inflict the death- 
penalty on the head-hunter of Borneo ? You would condemn 
the superstition which leads him to glory in the deed, but your con- 
science would acquit him of personal guilt, for he but follows the 
tradition of his race, and he may, in all other human relations, lead 
an exemplary life. The actor in a Corsican vendetta is not to be 
judged as a common murderer, although his life may rightly pay to 
society the forfeit arising from his being the survival of an older 
and ruder civilization. 

Race, civilization, environment — all influence the moral per- 
ceptions, which vary from age to age ; while the standards of right 
and wrong are modified and adapted to what, at the moment, are 
regarded as the objects most beneficial to the individual or to the 
social organization. At one time these may concern the purity or 
advancement of religion ; at another, self-preservation or the welfare 

Ethical la/ucs in History 235 

of the clan or the nation ; at another, personal well-being and the 
development of industry as a means to that end. Whatever stands 
foremost in any given period will be apt to receive special recog- 
nition from 'both the ethical teacher and the law-giver. It is to 
legislation that we must look if we desire to understand the modes 
of thought and the moral standards of past ages ; and a comparison 
of these with those now current will show how unstable and fluctuat- 
ing are ethical conceptions. We are unable to conceive of vicarious 
punishment as justifiable, yet Hammurabi in some cases slays the 
innocent son and lets the guilty father go scatheless. To us the 
idea of levirate marriage is abhorrent, but it has been regarded as 
legally a duty by races so far removed from each other in origin 
and distance as the Hebrew and the Hindu. Among the Hebrews 
the severest of all penalties was lapidation, which was reserved for 
the most atrocious crimes. Of these — omitting sexual aberrations, 
which we need not consider here — Thonissen enumerates eight — 
idol-worship, consecration of children to Moloch, magic and divina- 
tion, blasphemy, Sabbath-breaking, cursing a parent, and disobedi- 
ence to parents. Examine our modern codes, in which these have 
either disappeared or are treated as comparatively trivial offences, 
and you will be constrained to admit that crime is largely conven- 
tional, dependent not on an eternal and imprescriptible moral law, 
but on the environment in which a portion of mankind happens at 
the time to be placed. To the Hebrew priest the preservation of 
his religion was the one essential thing, and no penalty was too severe 
for aught that threatened its supremacy. 

So it was in the middle ages when the priest erected a similar 
standard of morals, claimed for it the sanction of divine law, and 
compelled its insertion in statute law. No character in medieval 
history stands forth with greater lustre than the good St. Louis of 
France, yet, if his faithful biographer de Joinville is to be believed, 
he held that the only argument which a layman should use with a 
heretic was to thrust a sword into him ; and we know by authentic 
documents that he fostered the nascent Inquisition and had no 
scruple in enriching his treasury with the confiscations resulting 
from the burning of heretics. We of to-day are not lacking in re- 
ligious convictions, though we are learning the lesson of toleration ; 
lapidation and the stake for opinion's sake are abhorrent to us, but 
who among us would feel justified in applying Lord Acton's formula 
and condemning the Hebrew or St. Louis when we feel that they 
acted on profound conviction ? No English jurist has left a fairer 
record than Chief Justice Hale, yet he calmly sent to the gallows 
poor old women for witchcraft, such being the law of the land to 

236 H. C. Lea 

which he gave his hearty concurrence. Would you condemn him 
as you would a modern judge? Voltaire has sufficiently shown the 
use that may be made of thus trying one age by the standards of 
another in his mocking sketch of David, the man after God's own 

It may perhaps be urged that in thus asserting the temporary 
and variable character of morals we are destroying the foundations 
of morality in general and the eternal distinction between right and 
wrong. This is begging the question, for it presupposes that there 
is a universal and inflexible standard of morals. Such there may 
be, like the so-called Law of Nature of the scholastic theologians, 
but the history of mankind fails to reveal it, and the truest test of 
any period is the standard which it made or accepted, for this shows, 
better than aught else, whether it was a period of progress or one 
of retrogression. Speculations enough there have been among phi- 
losophers, ancient and modern, as to the origin of the conception of 
what we call sin and righteousness, which would lead us too far 
from our subject to discuss here. Suffice it to say that what we 
find current around us is merely the result of the finite wisdom of 
our ancestors adapting themselves to the exigencies of their sur- 
roundings. We have fortunately inherited the noble ideals of the 
School of Hillel, broadened and deepened and rendered applicable 
to all mankind by the teachings of Christ. We have accepted them 
in theory for well-nigh two thousand years, yet only within a cen- 
tury or two has there been, any serious effort to reduce them to 
practice ; and that effort thus far has been more significant in its 
failures than in its successes. There is ample work before us in 
laboring for their embodiment in our daily lives, and we can well 
afford to cast the mantle of charity over those who in fact have been 
only one or two steps behind us in the application of the Sermon 
on the Mount. 

Meanwhile, as connected with our subject, we may reflect that 
there is some truth in the distinction drawn by the casuists be- 
tween material and formal sin — the sin which a man commits in 
ignorance being venial, while that which he does knowingly is 
mortal. This doctrine is not without its dangers, and Pascal has 
exposed the unmoral results to which it may lead in skilful hands, 
but, for our purpose, it may be borne in mind when we feel called 
upon to pass judgment on historical characters. It makes the 
human conscience the standard of conduct. If a man does wrong, 
conscientiously believing it to be right, he is justified before God; 
if he does right believing it to be wrong, he is condemned. 
Roughly speaking, in a region so full of pitfalls for unwary feet, 

Ethical Values in History 237 

the theory of invincible ignorance, though liable to abuse, is not to 
be overlooked. 

Thus far; I have sought briefly to show that Lord Acton's 
dictum is defective in principle. As regards its practical applica- 
tion, I presume that you will agree with me that history is not to 
be written as a Sunday-school tale for children of larger growth. It 
is, or should be, a serious attempt to ascertain the severest truth as 
to the past and to set it forth without fear or favor. It may, and it 
generally will, convey a moral, but that moral should educe itself 
from the facts. Characters historically prominent are usually so 
because they are men of their time, the representatives of its beliefs 
and aspirations; and they should be judged accordingly. If those 
beliefs and aspirations lead to evil, the historian should seek to trace 
out their origin and development, and he can, if he so chooses, point 
out their results ; but he should not hold responsible the men who 
obeyed their consciences, even if this led them into what we conceive 
to be wrong-doing. It is otherwise with those who have sinned 
against the light vouchsafed to them, for to condemn them is simply 
to judge them by the standards of their time. 

In other words, this is merely to apply the truism that the his- 
torian should so familiarize himself with the period under treatment 
that, for the time, he is living in it, feeling with the men whose ac- 
tions he describes, and viewing events from their standpoint. Thus 
alone can he give us an accurate picture of the past, making us re- 
alize its emotions and understand the evolution of its successive 
stages. This is the true philosophy of history, and from this the 
reader can gather for himself the lessons which it teaches. 

To depart from this and to inject modern ethical theories into 
the judgment of men and things of bygone times is to introduce 
subjectivity into what should be purely objective. We all of us have 
our convictions — perchance our prejudices — and nothing for the 
historian is more vital than to be on his guard against their affect- 
ing his judgment and coloring his narrative. Above all things he 
should cultivate the detachment which enables him soberly and 
impartially to search for and to set forth the truth. He may often 
feel righteous indignation — or what he conceives to be righteous — 
but he should strenuously repress it as a luxury to be left to his 
reader. Moreover, he should beware of theories ; for when a 
theory once takes possession of a writer it renders him an unsafe 
guide and inspires reasonable distrust. The historian who becomes 
an advocate or a prosecutor instead of a judge forfeits his title to 
confidence, and, if he aspires to be a judge, he should not try a case 
by a code unknown to the defendant. 

238 H. C. Lea 

Perhaps this somewhat dry disquisition can be rendered more 
interesting by a concrete example ; and for this I know of none 
fitter than Philip II. of Spain, whose character has exercised so 
many brilliant pens. Our eloquent Motley, who represents him as 
a monster with scarce a redeeming trait, says that " To judge him, 
or any man in his position, simply from his own point of view, is 
weak and illogical. History judges the man from its point of view. 
It condemns or applauds the point of view itself. The point of 
view of a malefactor is not to excuse robbery and murder. Nor is 
the spirit of the age to be pleaded in favor of the evil-doer at a time 
when mortals were divided into almost equal troops" (History of 
the Netherlands, I., 6). This is the language of a partizan and not 
of an historian ; and the writer is blind to the inference to be drawn 
from another remark, " That monarch considered himself born to 
suppress heresy and he had certainly been carrying out the work 
during his whole life -time " (Ibid., I., 257). 

Now Philip II., as an abstract object of contemplation, is in no 
sense an attractive figure. In all that awful sixteenth century there 
was perhaps no one who wrought, directly or indirectly, so much of 
human misery, no one who was more ready to supplement open 
force with secret guile, no one who hesitated less to resort to cor- 
ruption or, if needs be, to murder. To the historian who is content 
with the surface of things, it is easy to condemn him offhand and 
to adduce ample evidence in support of the verdict — the execution 
of Montigny, the assassination of William the Silent and of 
Escobedo, the terrors of the Tribunal of Blood, the horrors of the 
rebellion of Granada, the stimulation of the wars of the League, the 
systematic bribery by which he bought the secrets of every court in 
Europe, to say nothing of the satisfaction which he derived from the 
spectacle of his own subjects in an ait to defe. All this is true, and 
to the superficial observer it may seem idle to say a word in exten- 
uation of so black a catalogue of misdeeds. Yet the student in 
earnest quest of truth may reasonably pause and ask himself whether 
Philip is to be held morally responsible for all these crimes, whether 
he was a mere bloodthirsty tyrant who rejoiced in the infliction of 
suffering on his fellow-creatures and revelled, like the Emperor 
Claudius, in witnessing human agony ; or whether he was the mis- 
guided agent of a false standard of duty, and conscientiously believed 
himself to be rendering the highest service to God and to man. If 
the latter be the case, we must acquit Philip of conscious guilt, and 
reserve our censure for the spirit of the age which misled him. If 
Elijah is praised for slaying in one night four hundred and fifty 
priests of Baal, how is Philip to be condemned for merely utilizing 

Ethical Values in History 239 

larger opportunities in the same spirit ? Does not, in truth, the 
difference lie only in the question, Whose ox is gored? Even in 
the assassinations which he ordered he had the assurance of his con- 
fessor, Fray Diego de Chaves, that a prince was fully authorized to 
take the lives of his subjects without process of law. 

When, in fact, we analyze his reign, we find that the enforce- 
ment of religious unity was the primary motive of his public career, 
and that it was the object of almost all the acts for which we are 
asked to condemn him. For three hundred years it had been the 
uncontested rule in both church and state that the obstinate dissi- 
dent, or heretic, was to be put to death by fire. Even men of the 
largest Christian charity accepted this as one of the eternal verities, 
and he who ventured to question it became himself a heretic who 
must either recant or share the same fate. Heresy was not only a 
sin, subject to spiritual animadversion, but a crime visited with 
capital punishment by all the secular codes of Europe. Pity were 
better invoked for the murderer or the highwayman than for the 
heretic ; for the heretic was the slayer of souls, while the ordinary 
criminal affected only the body or the purse. With the outbreak 
of the Reformation, the threatened disruption of the unity of faith 
inflamed to the highest pitch the zeal for its preservation, though 
we need not pause to inquire how much the lust of worldly power 
and wealth disguised itself under the striving for the salvation of 
souls. When dynasties depended on dogmas, religion became of 
necessity the most absorbing of public questions, and the self- 
deception was easy which clothed secular ambitions in spiritual gar- 
ments. In the passions of the tremendous struggle each side was 
equally sure that it alone possessed the true faith, which was to be 
vindicated with fire and sword. If the canon law required sover- 
eigns to put heretics to death, Luther in 1 528 subscribed to a dec- 
laration of the Wittenberg theologians prescribing the same fate 
for those whom they classed as such. If Paul IV. in 1555 decreed 
that all who denied the Trinity should be pitilessly burned, even 
though they recanted and professed conversion, he but followed 
the example which Calvin had set, two years before, in the case 
of Miguel Servet. If France had her Feast of St. Bartholomew, 
Germany had led the way in the slaughter of the Anabaptists. 
If Spain had her Inquisition, England in 1550, under the reform- 
ing Edward VI., created a similar organization, with Cranmer at 
its head, and Ridley, Miles Coverdale, and other eminent Protes- 
tants as inquisitors, to seek out, try, and punish dissidents, and 
to abandon to the secular arm those who proved to be obstinate. 
Motley fell into grievous error when he asserted that in the six- 

240 H. C. Lea 

teenth century "mortals were divided into almost equal troops" 
concerning the "spirit of the age." Those whom he represents 
as struggling for freedom of conscience only wanted freedom to 
coerce the consciences of others, as was shown in 1566 by the 
Fury of Antwerp, and in 161 8 when the Synod of Dort sat in 
judgment on the Remonstrants. How the Calvinists shared the 
"spirit of the age" is well expressed in John Knox's exulting 
declaration that in 1 561, before the arrival in Scotland of Queen 
Mary, " the Papists were so confounded that none within the 
Realme durst avow the hearing or saying of Masse then the 
thieves of Tiddisdale durst avow their stouth or stealing in the 
presence of any upright judge." The Massachusetts law of Oc- 
tober 19, 1658, under which Quakers were put to death on Boston 
Common, suffices in itself to show that this conception of public 
duty was not confined to one race or to one confession of faith. 

This was the inevitable result of the deplorable doctrine of ex- 
clusive salvation, which rendered the extinction of heresy a duty to 
God and man. To its abandonment by Protestantism is attributable 
the gradual spread of toleration. To its retention by the Latin 
Church is ascribable the Ordonnance of May [4, 1724, under 
which, so late as 1762, Rochette, a Pastor of the Desert, was ex- 
ecuted, merely for performing the rites of his religion. It is, more- 
over, the inspiration of the encyclic of 1 864 in which the kind- 
hearted Pius IX. ordered every Catholic to condemn the error that 
a man is free to follow the religion which his reason dictates. 

The embers which thus are not yet extinct were burning fiercely 
in the sixteenth century, and into its superheated fanaticism Philip 
II. was born in 1527. The very air which he breathed in child- 
hood and youth was surcharged with all the elements that made 
persecution a supreme duty and toleration a denial of God. His 
tutor was a narrow-minded bigot, Martinez Siliceo, rewarded in 
1 541 with the see of Murcia, and in 1546 with the primatial dignity 
of Toledo, where he distinguished himself by forcibly introducing 
the rule that no cathedral preferment should ever be conferred on 
one who had the slightest trace of Jewish or Moorish blood. Under 
such guidance, in such environment, and with the example before 
him of his father as the champion of Catholicism, it was impossible 
for a youth of Philip's sickly frame, limitations of thought, sluggish- 
ness of intellect, habitual suspicion, and obstinate tenacity of purpose 
to be other than what he was. When he succeeded to the great 
Spanish monarchy and found himself the most powerful sovereign 
in the civilized world, with authority stretching from the North Sea 
to the Mediterranean and from the farthest Atlantic to the Indian 

Ethical Values in History 241 

Ocean, he could scarce fail to regard himself as the instrument 
selected by Providence to defend the true religion and to overcome 
the powers of evil which had risen to supplant the Kingdom of God. 
He could not but feel that this enormous power had been entrusted 
to him for a purpose, and that it carried with it a correlative obliga- 
tion to employ it for that purpose. To borrow the happy phrase 
of Major Hume, he felt himself to be the junior partner of God, and 
in carrying out with unswerving resolution the plans of God he was 
answerable to no human judgment. 

If, in the performance of this supreme duty, he found or deemed 
it necessary to employ craft and cruelty, treachery and corruption, 
he was but combating the adversaries of God with their own 
weapons — weapons, indeed, which the statecraft of the age had 
rendered familiar to all, and which were sanctified by the cause to 
which they were devoted. The maxims which Machiavelli had 
formulated with such cynical clearness were utilized by others to 
gratify the lust of vulgar ambition ; should he be debarred from 
using them when interests were at stake superior to all worldly pos- 
sessions ? Nor, indeed, is the present age entitled to cast the first 
stone at the sixteenth century, when we consider the duplicity and 
the contempt for human rights which have continued to mark the 
career of statesmen from that time to this, save perhaps in the 
matter of assassination, which has been abandoned to anarchism. 

Apart from religious convictions, moreover, Philip as a states- 
man might well feel it to be his supreme allotted task to preserve in 
his own dominions the unity of faith which at the time was, reasonably 
enough, regarded as the absolute condition precedent of internal peace. 
Religious differences were not mere academic questions to be de- 
bated in the schools with more or less acrimony. We need not 
pause to ask against whom the responsibility for this is to be 
charged, and we may be content to accept the fact that in the pas- 
sionate zeal of the time there was nothing which so deeply stirred 
popular feeling or lent more bitterness to civil broils than the theo- 
logical issues which to-day arouse an interest comparatively so 
faint. Philip might well look upon the internal wars of Germany 
and France as a warning to keep his own territories free from the 
pestilent innovators, whose claim to exercise freedom of con- 
science included the right of resistance to any authority that denied 
the claim. To him they were perturbators of the public peace, 
potential rebels who at all and every cost must be prevented from 
gaining a foothold if the prosperity of the state and the divine right 
of kings were to be maintained. In the earlier years of his reign 
the growing disquiet of the Netherlands emphasized the importance 

242 H. C. Lea 

of this precaution and, in the latter part, the fierce struggle which 
exhausted his resources demonstrated the necessity of strangling 
heresy in the cradle. 

Human motives, as a rule, are complex : pride and ambition 
doubtless had their share in those which urged him on his course, 
especially when he nourished vain hopes of establishing a daughter 
on the throne of France ; but religious conviction and the welfare, 
temporal and eternal, as it was then regarded, of his subjects were 
ample to impel him along the course which he had inherited with 
his crown and for which he had been carefully trained. Philip at 
least was no hypocrite using religion merely as a pretext. The sin- 
cerity of his faith cannot be called into question, and, if his favorite 
vice was licentiousness, the dissociation of religion and morals is too 
common an anomaly to excite special incredulity. The keen-witted 
Venetian envoys concur in admitting his piety, although their expe- 
riences at his court were not such as to propitiate their favor, and 
they were by no means blind to his defects. Perhaps the severest 
characterization of him is that of Gianfrancesco Morosini in 1581 : 
" His temper is cruel, although he covers it with zeal for justice. 
He was never known to pardon a criminal, even his own son. He 
shows no affection for his children and no sign of regret at the 
death of his nearest kin. He is a great observer of religion, but is 
very vindictive. Yet he manifests no signs of it, and there is a 
proverb in Spain that between the king's smile and a knife there is 
little to choose." 

A portion of this unflattering characterization is justified by 
Philip's treatment of his erstwhile favorite, Antonio Perez, who had 
abused his master's confidence and had misled him into ordering the 
murder of Escobedo ; but in other respects the habitual Spanish 
self-control, the studied repression of all exhibition of feeling under 
an exterior of kindly courtesy, deceived the Venetian, for Philip was 
in reality a most affectionate father. No one can read his familiar 
letters to his daughters, girls of fourteen and fifteen, written during 
the cares of his conquest of Portugal in 1581 and 1582, without 
recognizing a most unexpected side of his character, while his al- 
lusions to their letters to him show that the family intercourse was 
delightfully intimate and unreserved. His solicitude as to their wel- 
fare is extreme ; he relates whatever is passing around him that he 
thinks will amuse o? interest them ; there is no sermonizing, but 
only the unaffected expression of a love that is sure of reciproca- 
tion. When he commences a long letter, June 26, 1581, by saying 
that he had been unable to write on the previous Monday, and now, 
in order to prevent a similar omission, he begins before taking up 

Ethical Values in History 243 

the business that will probably occupy him until late, we recognize 
that he did not allow the cares of state to choke up the fountains of 
mutual affection. Even more unlooked for are the references to 
Madaleria, an old serving-woman who scolds him and threatens to 
leave him when he does not please her : on one occasion she had 
promised to write to the girls but had not shown herself; perhaps 
wine was the cause of this, but if she knew of his suggesting such a 
thing she would make him smart for it. Altogether this revelation 
of the vieintimc of Philip and his family gives us a more human con- 
ception of the gloomy monarch whom we are accustomed to picture 
to ourselves as ensconced in the Escorial, toiling through the mid- 
night hours in scrawling notes on ever-accumulating despatches and 
interminable cousultas. 

The unaffected tenderness of the relations between Philip and his 
daughters throws some light on the tragedy of Don Carlos, which 
has been used so effectually to blacken Philip's memory. Nothing 
but a sense of the most absolute necessity would have led him to 
deprive his son of the succession, which would have relieved him of 
the burden of royalty. Sickly and suffering, indolent by nature, 
and fond of country life, if he had had sons fit to govern, Sigismondo 
Cavalli tells us, in 1570, that he would have abandoned to them 
all affairs of state and have retired to the Escorial. Unfortunately, 
Carlos by his wayward excesses had long forfeited the affection and 
confidence of his father when in 1568 he was confined. From his 
early years he ha„d been an object of dread to all who looked for- 
ward to his future reign. At the age of twelve, Federigo Badoero 
describes him as bright and quick, but fierce, passionate, and obsti- 
nate ; when small animals such as rabbits were brought in from the 
chase, he took delight in roasting them alive and watching their 
agonies ; at a still earlier age, when he learned that the marriage- 
treaty between his father and Mary of England provided that the 
Netherlands should descend to their issue, he declared that he 
would not submit to it but would fight his future half-brother ; and 
he wrote to Charles V., then in Brussels, and asked to have a suit 
of armor made for him. As he reached manhood, the curse of 
insanity, which he inherited from his great-grandmother Queen 
Juana la loca, developed into actions manifesting his dangerous 
unfitness for the throne. At the age of twenty-two he one day shut 
himself up in his stables for five hours, and when he came out he 
left twenty horses maimed with the most brutal cruelty. The slight- 
est cause of displeasure provoked threats or attempts to poniard or 
to throw out of window, irrespective of the dignity of the offender. 
In one of his midnight sallies through the streets of Madrid, a little 

244 H. C. Lea 

water chanced to fall upon him, when he ordered the house from 
which it came to be burned and its occupants to be put to death ; 
and his servants only evaded his commands by pretending that when 
they went there for the purpose they were prevented by finding that 
the holy sacrament was being carried in. When to these evidences 
of a disordered brain we add the unpardonable indiscretions mani- 
fested in the conduct of public business in which Philip was endeavor- 
ing to train him, we may imagine how the father might well shudder 
at the prospect of his vast monarchy, the bulwark of the Catholic 
faith, falling into such hands at a time when all constitutional bar- 
riers had been broken down and no check existed to curb the 
impulses of the sovereign. He might well fear also for his own life ; 
for Carlos had avowed mortal hatred of him, and in a nature so 
violent and ungovernable that hatred might at any moment express 
itself in acts. Yet what to do with a successor to whom the estates 
of Castile had already sworn allegiance was a problem to tax to the 
utmost the wisdom of the king and his advisers. Simply to declare 
him incapable of succession, to ask the cortes to revoke their oaths, 
and to await the birth and maturity of some more promising heir 
would merely be to invite insubordination and civil war, with the 
prospect that Carlos, if left at liberty, would execute the design 
which was the immediate cause of his arrest, of flying from Spain 
and raising Italy or Flanders in open revolt. The only practicable 
solution seemed to be to treat him as Queen Juana had been 
treated — to place him in confinement, where, in the course of six 
months, despair led him to commit such excesses of alternate glut- 
tony and abstinence that his fragile and enfeebled frame sank under 
them. The cold impassiveness with which Philip watched the 
extinction of a young life that had opened under such brilliant 
promise invites criticism, but what was passing under that exterior 
trained to repress all manifestations of emotion none may guess. 
Paternal affection, it is true, had been chilled by the strained rela- 
tions which had long existed ; but the complications in his plans 
caused by the catastrophe must have been the severest of trials, and 
he doubtless sought consolation in imagining himself to be repeat- 
ing the sacrifice of Abraham. Prescott, it seems to me, shows a 
curious blindness to the situation when he asks the question, " Can 
those who reject the imputation of murder acquit that father of 
inexorable rigor towards his child in the measures which he 
employed or of the dreadful responsibility which attaches to the 
consequences of them?" 

It has been no part of my purpose to attempt the rehabilitation 
of Philip. I have simply sought to represent him as an ordinary 

Ethical Values in History 245 

man fashioned by influences which one may hope will wholly pass 
away in the course of human progress, although the affaire Dreyfus 
and the massacre of Kitcheneff show how the fires of the persecuting 
spirit are still occasionally rekindled in their ashes. To judge of 
Philip in this manner is not to approve, tacitly or overtly, the influ- 
ences which made him what he was — what, in fact, he could not 
help being. These influences we may condemn all the more heartily 
when we see that they made of a man, slow of intellect but obsti- 
nate in the performance of what he was taught to regard as his duty, 
the scourge of his fellow-creatures in place of being their benefactor. 
We can, moreover, enforce this lesson by the fact that this perverted 
sense of duty proved a curse not only to those on whom he trampled, 
but to his native land, which he fondly imagined that he was guiding 
to the height of glory and prosperity. It had already been danger- 
ously crippled by his father, whose striving for the universal mon- 
archy was disguised by zeal for the faith. Philip's ardor in the 
extirpation of heresy not only wasted the millions which he drew 
from the mines of the New World, but exhausted Spain to a point 
that left for his successors a land of indescribable misery, of which 
the outward decadence but faintly reflected the internal wretched- 
ness. Yet the principles which misled him survived him, and to 
the Spaniard of the seventeenth century Philip the Prudent remained 
the incarnate ideal of a Catholic prince. 

It is not to be assumed that history loses, in the colorless treat- 
ment which I advocate, its claims as a teacher of the higher morality 
— if I may be allowed thus to designate some system of practical 
ethics superior to that in which we of to-day are groping somewhat 
blindly. To depict a man like Philip as a monster of iniquity, de- 
lighting in human misery, may gratify prejudice and may lend super- 
ficial life and vigor to narrative, but it teaches in reality no lesson. 
To represent him truthfully as the inevitable product of a distorted 
ethical conception is to trace effects to causes and to point out the 
way to improvement. This is not only the scientific method applied 
to history, but it ennobles the historian's labors by rendering them 
contributory to that progress which adds to the sum of human hap- 
piness and fits mankind for a higher standard of existence. The 
study of the past in this spirit may perhaps render us more im- 
patient of the present, and yet more hopeful of the future. 

As one of the last survivors of a past generation, whose career 
is rapidly nearing its end, in bidding you farewell I may perhaps be 
permitted to express the gratification with which, during nearly half 
a century, I have watched the development of historical work among 


H. C. Lea 

us in the adoption of scientific methods. Year after year I have 
marked with growing pleasure the evidence of thorough and earnest 
research on the part of a constantly increasing circle of well-trained 
scholars who have no cause to shun comparison with those of the 
older hemisphere. In such hands the future of the American school 
of history is safe and we can look forward with assurance to the 
honored position which it will assume in the literature of the world. 

Henry Charles Lea. 


Among the almost infinite diversities which mark the constitu- 
tional evolution of the medieval communes of Italy, it is possible 
to distinguish three well-defined periods of development, through 
which they all passed. Having achieved self-government and virtual 
sovereignty under the magistracy of the consuls, they gave them- 
selves a closer and more effective organization under the podesta, 
only to yield, shortly, to the demands of the great masses, arriving 
through the industrial arts at the consciousness of their dignity as 
political beings, and to inaugurate an epoch of democratic experi- 
ments unparalleled in fervor and abundance of life, unless we travel 
back to the old city-states of Greece and Sicily. Of these three stages 
the writer purposes to treat only of the second, marked broad with 
the name of the podesta, and of this magistrate to investigate his 
origin, functions, and decay, only within the frame of the political 
destiny of the single city of Siena. This town of southern Tuscany 
— Sena Vetus, Civitas Virginis, as the tender title ran, wherewith 
its sons commemorated it upon their seals and coins — lies among 
the foot-hills of the Maremma mountains, and its ancient walls, 
raised to shelter it against the power of the emperors and the still 
more formidable forces of jealous neighbors, yet enclose it, no longer, 
however, with their former air of challenge, but softly, lovingly, as 
though only concerned now to shield it against the disruptive 
agencies of a new and different age, plotting and threatening, vaguely 
but dangerously, somewhere beyond the line of the blue hills. 
When this city, its walls, towers, houses, and steep-tiled roofs flush 
red with the sunset, the home-bound native, mounting from the 
valley or winding along a neighboring crest, still looks up and mut- 
ters his exclamation of delight, and the chance guest from foreign 
parts, moved spectator of the scene, has. suddenly borne in upon 
him some of the deeper meanings of that conservatism for which 
this commune was known even in the days of its splendor, and by 
means of which it has retained, as no other city of its size in all 
Italy, its medieval character. Narrow street and sunlit square, 
Gothic church and battlemented palace still bear witness to the 
general traveler of Sienese piety and love of home ; to the student 
of history these characteristics reveal themselves in a particular way 


248 F. Schwill 

by a rich and admirably-managed archive, and by the numerous 
contributions and researches through which a handful of local stu- 
dents have sought to give currency to the documentary treasures 
of their past. Crown and summit of these is the truly monumental 
publication of the constitution of 1262 by Lodovico Zdekauer, with 
which that distinguished jurist has furthered historical investigation 
in the whole medieval field of Italy, and has poured a flood of light 
upon that official who forms the subject of this study — the podesta. 
It is this constitution which has brought the podesta out of the mists 
of time and has made him a definite historical figure. What follows 
is largely founded upon the materials contained in this vast publi- 

The origin of the podesta at Siena can no longer be regarded 
as surrounded with impenetrable darkness. And owing to the 
general similarity of Italian communal conditions, it is no over-bold 
assertion to maintain that what is established for Siena in this par- 
ticular is sure to have more or less close application to other towns. 
Perhaps it will not be entirely superfluous for the writer to state at 
the outset his point of view toward his material. It is too common 
to look upon the rise of the podesta as a violent interruption of 
what certain authors are pleased to call the democratic regime of 
the consuls, and as a kind of monarchical usurpation, which the 
people, after having suffered for a while, rising in their might, 
brought to an end. Although it would be ungracious to say a 
single word against good old Sismondi, who originated this theory, 
it is both necessary and proper to warn against the habit of mind 
from which flowed most of the errors of the Swiss historian. Fol- 
lowing a tendency of his age, he crowded the facts of the past into 
the convenient compartments of modern political philosophy, with 
the result that the authority of his name has given persistent life to 
the above and to many other perverse and injurious views. Surely 
a more reasonable and temperate path to follow is to accept the 
podesta as a perfectly natural evolution, provided, as is every effect, 
with a sufficient cause. The present inquiry proceeds from this 
hypothesis and aims merely to set down in order all the material 
about him which the documents will yield. 

In order to understand the conditions under which the podesta 
originated, we must go back to the consular regime, in which he 
had his roots. Although the documents for the era of the consuls 
are not nearly so plentiful as for the later period of the podesta, 
and therefore much room is still left for conjecture concerning the 
first period of freedom, nevertheless much accurate information is 
now at hand concerning the origin and functions of the consuls, 

The Podesta of Siena 249 

chiefly through the remarkable contributions of Davidsohn. How- 
ever, this article does not concern itself with the consuls ; its busi- 
ness is with the podesta, wherefore it will not be taken amiss if the 
characteristics of the consular epoch, which affected the constitution 
of the podesta, are given here in rapid outline without an attempt 
at systematic evidence. 

Toward the close of the twelfth century the situation was ap- 
proximately the same in every Tuscan commune. The consular 
government was declining to its setting. Under its banner the 
young cities had done great deeds ; they had put forward their 
claim to independence, and had heroically and successfully defended 
their young freedom against the barbaric regime represented by 
emperor and territorial nobility. But the consular government had 
perforce a loose, fortuitous character, corresponding to the hap- 
hazard conditions of its birth. Offices created or powers delegated 
to meet a newly-risen necessity were abandoned as soon as the con- 
ditions changed and the old necessity yielded to a new. That the 
first free government created on feudal soil was a rude and imper- 
fect mechanism is not very astonishing, when we reflect that its arti- 
ficers neither found help in their own practical experience, nor 
enjoyed the mental advantage of a long historical perspective, fur- 
nished in our own day by schools and libraries. Under these un- 
certain conditions the power fell naturally into the hands of the 
well-to-do, who combined with their riches, or rather possessed 
because of their riches a higher measure of enterprise and intelli- 
gence. Not that the commune is other than a democratic product, 
the achievement of the combined and harmonious action of all 
orders of citizens. But the masses seem to have yielded voluntarily, 
during these first steps in regions dark and unexplored, to the direc- 
tion of their more influential fellow-citizens ; and the superiority 
inherent in birth, wealth, and intelligence was firmly clinched by the 
fact that the first business of the new organization was to provide 
for its defense, and that, whenever the call to arms was sounded, 
only the wealthier citizens could provide horses and fight as knights 
or militcs, whereas the common people, armed as their means per- 
mitted, had to content themselves to serve as foot-soldiers or pedites. 
The constitutional development of the commune in its whole first 
period (1 100-1200 approximately) turns about the relation of these 
two classes — the two military orders, dividing between them the 
male population of every Tuscan town. It will be well to hold fast 
to this simple fact, and not to allow it to be obscured by a prob- 
lematical social element, which some writers have elaborately ex- 
ploited. We have been told frequently of a noble faction of Ger- 

AM. HIST. REV., VOL. IX. — 17. 

250 F. ScJiwill 

man descent — heirs of the Teutonic conquerors — which was settled 
in all the Italian cities, and did its best to clog the wheels of munic- 
ipal progress. The assumption of such a body of unassimilated 
foreigners in the commune of the twelfth century is based on a mis- 
understanding, and can contribute nothing to the solution of the 
constitutional problem. It will be found safer not to abandon the 
region of fact, and fact establishes that there were nobles resident 
within the pale of every commune from its earliest days of freedom, 
but whether they were of German or Roman descent rarely ap- 
pears, and was a matter of indifference, the sole distinguishing fea- 
ture of the privileged class being, as I have already shown, that it 
was composed of those citizens who, when the local army was called 
out, served as milites. This expensive military service was so ex- 
clusively the mark of nobility that commoners who had enriched 
themselves by trade to the point where they were enabled to ride 
to war on horseback were also regarded as milites. Doubtless they 
were snubbed at first, in the usual fashion, by the men of still older 
wealth, who looked upon themselves, in comparison with their up- 
start rivals, as an aristocracy of blood ; but the rich were soon in- 
separably fused by virtue of their riches, without regard to the date 
at which they had acquired them, and at later times at least, were 
never distinguished, for common parlance and the law itself desig- 
nated the descendants of all the great families of the consular era 
as magnati} The miles was therefore the local noble, but the local 
noble owed his position not so much to birth as to wealth ; and all 
the later popular fury which assaulted and finally brought him low, 
while in part, it is true, directed against his military and feudal hab- 
its, incompatible with a democratic and commercial commonwealth, 
was more especially directed against a position of privilege founded 
upon material resources. It is becoming every day more and more 
clear that the key to the political revolutions of the Italian communes 
must be sought in the industrial situation, 2 and that the popular out- 
cry against the noble was quite as much an attack upon the capi- 

Here then, to recapitulate, are the features to be kept in mind of 
the first free or consular period of government. First, the institu- 
tions were in the experimental stage, and presented the picture of a 
hurried, haphazard, and faulty mechanism. Second, the power was 
in the hands of the wealthy class, who, because they rode to war on 

1 The most lucid explanation of how these early military divisions of the commune 
gave rise to the social and political classes is given by Davidsohn, Gcschichte von Flor- 
enz, Hand I., 685 If. 

2 See the latest book which propounds this theory, Arias, / Trattati Commerciali 
della Repulilica. Floroitina (Florence, 1 901 ). 

The Podesta of Siena 2 5 1 

horseback, were called milites or knights, and gave themselves feudal 
and aristocratic airs. Third, the democratic movement, which had 
its beginnings in the consular era, although how and when is not 
entirely clear, was a protest on the part of the dispossessed against 
the privileges, both political and economical, of the noble class. 

We turn now to the influences which leci to the transformation 
of the government of the consuls into that of the podesta. This 
happened almost simultaneously all over Italy, but we are concerned 
only with Siena. The consuls of this town, always three at least in 
number, though often more than three, held their office for one year. 
They were appointed by the council — the meeting of the citizens 
or their delegates — and at the end of their term again reported to 
this body. Their administration was reviewed, and in case of mal- 
feasance they might be severely punished. This process of audit, 
which was gradually extended to all other officials of the commune, 
was called sindacamaititm (Ital. sindacatd), was long retained, and is 
one of the most important institutional features of Sienese public 
life. Its existence during the consular era can be satisfactorily 
proved from the constitution published by Zdekauer, which, although 
it bears the date 1262, contains embedded in it, as the editor in his 
introduction shows, many of the earliest features of Sienese self- 
government. 1 One article 2 in particular shows how it was the prac- 
tice with which we are here concerned — that of sindacamcntum — 
which contributed to the replacement of the consuls by the podesta. 
We read that the podesta must solemnly swear to hold the consuls to 
their accounting. This passage, which in the year 1 262 was with- 
out meaning, because the consuls had already been abolished for 
half a century, is plainly a survival from an earlier redaction of the 
constitution, and clearly gives a hint as to the earlier condition of 
affairs. Its meaning can be none other than that the podesta, before 
he crowded the consuls out of office, was called in temporarily, at 
the end of their term, to investigate their conduct. Probably the 
council came to consider itself unequal to the task of sindacamcntum, 
or at least became impressed with the convenience of having the audit 
carried out by an appointee who had its confidence. Since there 
were here, as everywhere and always, people who had an ax to 
grind, the choice of this person, charged to act as supreme arbiter, 

'The constitution of 1262 is of that year in the sense that it was transcribed on 
parchment in that year, not in the sense that the institutions which it enumerates and de- 
fines were then originated. On the contrary, Zdekauer brilliantly shows that many of 
them go back a century, and that most of them were created at the call of some neces- 
sity arising in the preceding hundred years. 

2 Distinctio II. 174 : Et post depositum eorum ofncium constringam consules comu- 
nis et placiti, qui modo sunt, et omnes eorum officiales, ad rationem faciendam, etc. 

252 F. Schwill 

must soon have become a matter of the highest importance ; and 
it is only natural that the council should have been prompted to look 
beyond the agitated sphere of city politics to some disinterested for- 
eigner to fill the post. And it is no less natural that on finding such 
a foreigner, one who filled all the requirements, especially the one 
of non- partisanship, the council should have been inclined, not only 
to have him audit the administration of the consuls, but also to let 
him continue in office in their stead. 

Here then is an interesting hint as to the means by which the 
podesta was introduced into the Sienese government, but, of course, 
this suggestion does not exhaust the matter. Other circumstances 
concurred to effect the change. The consulship, as a many-headed 
executive, had been proved everywhere to have its inconveniences. 
Division of authority among many fostered cliques and nourished 
feudal rancors 1 ; and in case of war, the action of the city was 
weakened by conflicting counsel. 2 Finally, consolidation, the prog- 
ress from a loose to a more compact organization, must have been 
operative here, as it would be with every active and ambitious com- 
monwealth. The upshot of all these influences was that at the 
turning of the twelfth century all the Tuscan communities are found 
to be experimenting with the new office, and after a period of 
uncertainty, during which the choice fluctuates between consuls and 
podesta, definitely incorporate the new magistracy in their system. 

According to the Sienese Chronicle of Andrea Dei, 3 the first 
podesta of Siena belongs to the year 1199. He was Orlando 
Malapresa of Lucca, therefore a foreigner. During the next two 
years, 1 200-1 201, Filippo Malavolti, a native nobleman, held the 
coveted post, while during 1202 and 1203 the consuls crop up once 
more, and in 1209 4 are again resorted to. As late as 1230 we find 
not one but two podesta. Here then may be observed a very un- 
certain practice, which seemed to be in no hurry to congeal into 
hard and fast forms. Out of the confusion so much is clear : shortly 
after 1209 the podesta became a fixture in Siena, and at the same 

1 Of this discord among the great families for the possession of the consulship the 
chronicles preserve a confused record. For instance in 1 1 77 the city of Florence was 
partially reduced to ashes because of such a quarrel. See Hartwig, Quellen zur 
Geschichtevon Florenz, Annates Florentini, II. 69 ff. ; Davidsohn, I. 555 ff. 

2 That the weakness of the many -headed executive was understood is proved by the 
appointment in 1 151 at Siena, for a brief period, of a kind of dictator, one Scudacollus. 
See Ficker, Forschungen zur Reiclis- und Reclits-Gescliiclite //aliens, IV. 120. 

'Published by Muratori, Rerum Ital. Scriptorcs, XV. The very valuable and 
ancient material in this chronicle has never been separated from its later accretions. Old 
and new are welded together in one confused mass. In its present state it must be used 
with caution. 

1 Ficker, IV. 220, 223. 

The Podesta of Siena 253 

time opinion set definitely toward a foreign rather than a native 
choice. That the authorities, however, were unwilling to have their 
hands bound in this matter is proved by an article of the constitu- 
tion of 1262, according to which the council, half a century after 
the institution of the podesta of foreign birth, still reserved to itself 
the right to decide each year whether the new podesta was to be a 
foreigner or a Sienese. 1 The end of this period of experimentation 
was that Siena, like all her neighbors, raised annually a foreign 
nobleman or miles to the post of chief executive, that is, instituted 
the podesta forestiero, whom she then retained under some form or 
other for a long time to come. 

What were the functions of the new sovereign ? The mantle of 
the consuls seems to have fallen so naturally upon the shoulders of 
the podesta that no evidences of any attendant revolutionary dis- 
turbances have come down to us. For such, indeed, it would be 
difficult to discover any adequate reason. The great families, forti- 
fied in the councils, controlled the destinies of the city in the 
consular era ; with the podesta they introduced a small reform, affect- 
ing alone the supreme office in the state, and, for the rest, every- 
thing continued as it was. But the new ruler did not come into an 
absolutely undiminished heritage. The consuls being many and their 
functions numerous, they had been obliged to divide their duties 
among themselves, and one section — the consules placiti" — had 
presided over the placitum, or court of voluntary justice. These 
consules placiti were continued under the podesta — in fact, still 
existed, a strangely dwindled relic of the consular age, among the 
generations of the Renaissance. The other functions, however, that 
had been exercised by the consuls were taken over by the new 
official. To enumerate these functions in their plenitude, the po- 
desta, as chief executive, carried out the legislative measures of the 
general council, and, above all, led the citizens to war ; he was the 
head of the judicial system ; and he had a not unimportant direct 
share in legislation, chiefly by his issuance of police ordinances or 
bans. These powers will be examined further on with more detail, 
when, with the constitution of 1262 in hand, we can exactly define 
his position at this later period ; for the earlier period, for which no 
constitution exists to help us, suffice it to note, as above, that the 
podesta was the heir of the consuls, therefore the representative of 
the aristocracy in power, and that in addition to purely executive, 
he exercised also judicial and legislative functions. 

1 Constitution, I. 127. 

2 As to rights and duties, see their constitution, published by Zdekauer, // Constilnlo 
dei Consoli del Placito del Comune di Siena (Siena, 1890). 

254 F Schwill 

And now, having noted the fullness of the podesta's original 
powers, we are obliged to give attention to the great social and po- 
litical movement that began almost simultaneously with the estab- 
lishment of the new chief, and immediately threatened and assaulted 
his position and the hitherto unshaken dominion of the milites. 
The people — artisans and smaller tradesmen — r- enter upon the 
stage, resolved to win political recognition. For this purpose they 
organized, conscious that in their union lay their strength ; and if 
the records furnished us the date of this event, we could fairly call 
it the birth-year of democracy, the new democracy, as we under- 
stand the term, in the city of Siena. The earliest document 1 that 
refers to a socictas populi senensis is of the year 121 3, but the 
chronicler Andrea Dei 2 speaks of a new military organization of the 
people as early as 1209, and, according to this same authority, the 
people in 1 2 12 were already so bold as to raise a tumult against the 
nobility, which St. Francis of Assisi, who happened to pass through 
Siena about that time, gently interposed to quiet. Although the 
early development of the new society is, owing to the scarcity of 
documents, wrapped in some obscurity, its character and aims soon 
appear with sufficient clearness. The socictas or universitas populi 
senensis made itself the rallying-point of the Sienese masses, who by 
being excluded from the legislative council, known in Siena as the 
Council of the Bell, were deprived of political rights. The com- 
mune, nominally an affair of the whole citizen body, was really the 
privileged possession of the councilors of the Bell, and of the offi- 
cials whom the council appointed ; and the popnlns was organized 
for the purpose of conquering the offices and the state, and admin- 
istrating them for its own ends. It is to be constantly kept in mind 
that popnlns in this new sense means a political party, and must not 
be confused with the older use of the word people, designating not 
a class, but the entire body of residents. The plan of campaign of 
the people's party, if we may judge of its policy by its deeds, did 
not look forward so much to revolutionary action, as to a permissible 
political agitation. The Council of the Bell ruled, but its will was 
carried out by temporary committees known as balie, or by officials 
in offices that necessity had made permanent, but which at first had 
been nothing but balie. In this connection, it is well to be re- 
minded that the consulship itself was in its origin only a balia, that 
is, an authority temporarily delegated by the meeting of the citizens. 
Now the leaders of the popnlns seem to have argued — at least the 

1 Zdekauer, introduction, xxxxiii. 

2 Muratori, XV. : E in questo anno (1209) si cominciaro a fare le campagnie per la 
citta delle contrade. See also note: Ed era fra'l popolo e nobili gran nemicizia e 
(St. Francis) fe fare pace e unione fra loro. 

The Podesta of Siena 255 

whole history of the party shows that this was the popular deter- 
mination — that they should insinuate their own partizans gradually 
into the balie and offices, and end, not by overthrowing the com- 
mune, but by appropriating it. 

The first great success was achieved in connection with the 
Ventiquattro, the Twenty-four. The first documentary mention of 
their existence is of the year 1238, when they are designated as 
sindici et procuratores universitatis populi Senensis} Why, in view 
of this definite statement, Zdekauer should express the opinion that 
half of their number was of the noble class, is not clear. He cites 
in his support Paoli, but Paoli has no other evidence to offer than 
the incredibility of its being otherwise. 2 Until, therefore, some proof 
be forthcoming, it will be better to stick to the plain meaning of the 
Latin designation, and to look upon the Twenty-four as being 
recruited exclusively from the poptdus? And, once established, the 
Twenty-four looked out zealously for the interest of their clients, 
and proceeded vigorously about that which was evidently their 
chief business, the conquest of the commune. In 1240 they forced 
their way into the Council of the Bell, not without serious resistance 
on the part of the conservative elements 4 ; and if they did not 
immediately assume control of that body from that year, they grew 
in influence so rapidly that to the Sienese of a later time the whole 
period from the moment of their entrance into the council to their 
fall, occurring in the year 1270, seemed to be stamped with their 
name. It is reasonable to suppose, however, that they were not 
from the first that directive power in the council which they after- 
ward became. There was, for instance, the podesta — in 1240 still 
a power to be reckoned with. But, on the other hand, the acquisi- 
tion of power and influence began immediately, and continued with- 
out intermission until the offices, balie, and the state itself were, in 

1 Zdekauer, introduction, 1. See also lxv. 

2 Paoli, " I Monti nella Republica di Siena," in Nit ova Antologia, 1891. A state- 
ment in Andrea Dei (Muratori, XV.) under the year 1212 supports Paoli's view, but it 
is manifestly of fourteenth-century origin, and therefore of small weight. The announce- 
ment under the year 1233, " e fecesi in Siena e Ventiquattro," is far more trustworthy — 
a simple statement of origin, leaving the question of composition undecided. 

3 This view is ably defended by Salvemini, as against Paoli and Zdekauer, Arch. 
Stor. Ital., Serie V., Vol. 21, p. 371 ff. Further support of it is furnished by the title 
that the Twenty-four — whose political character had meanwhile suffered no change — 
use in the year 1256 : XXIIII partis ghibelline populi civitatis et comitatus Senarum 
(Zdekauer, introduction, lxv). Another indication is found in a so-called libiwn 
XXIIII, being a list of those enrolled in the people's party [Ibid., lxxix). Why should 
the Twenty-four keep such a list, unless they were absolutely identical with the people's 
party ? Also it is to be noted that the Twenty-four elect the captain of the people [Ibid., 
I. 151). Would that business be entrusted to a committee, half of which are noblemen 
and enemies ? 

4 Muratori, XV., under the year 1 240. 

256 F. Schwill 

one way or another, directly or indirectly, inspired and dominated 
by the new will. It would take us beyond the scope of this study 
to set down all the evidences of this growth furnished in the docu- 
ments. Suffice it here to give a bald enumeration of the more 
important advantages which they gained. Let the reader remember 
that every upward step of the pop/tins buttressed the position of their 
agents, the Ventiquattro , in the council, and that, politically, popidus 
and Twenty-four are one. 

In 1242 the libra was extended to citizens outside the walls (rives 
selvatici)} The libra was the new tax-system based on movables 
and immovables, that is, it was a tax scaled according to a citizen's 
total wealth. It was introduced within the walls early in the cen- 
tury (Andrea Dei says 2 in 1202), and supplanted the feudal hearth- 
tax, which, falling alike on rich and poor, had been a manifest hard- 
ship for the latter. The popnhts naturally stood behind the more 
modern system of the libra, and every extension of its application 
over the Sienese possessions must be looked upon as a victoiy over 
the magnates. In 1253 the people, satisfied up to that time with 
the looser system of three rectors, corresponding to the three terzi 
or main sections of the city, gave themselves a closer organization 
by the election of a single head, called captain. 3 And now success 
follows success — an uninterrupted chain. From 1255 on we have 
the records of a firmly established Council of the People, 4 which 
legislates nominally for its own members, that is, for the party of 
of the people, but tries to force and soon successfully forces its ordi- 
nances upon the commune, thereby giving them the validity of meas- 
ures passed by the Council of the Bell. In the same year (1255) 5 
the popiilas deprives the podesta of his right of issuing bans, and in 
1256 the libra is applied to the whole Sienese dominion, 11 And now 
the final triumphs : from the year 1257 one half of the emendatores, 
who are the balla or committee charged with the annual revision of 
the constitution, must be popolani 1 ; in 1258 many of the officials of 
the people's party are already paid out of the city treasury, and 
therewith acquire a standing with the officials of the commune s ; and 
in 1262 half of all officials elected in the Council of the Bell must 
be chosen from the party of the people.'' 

1 Zdekauer, introduction, lxviii, 60. 

2 Muratori, xv. 
:1 Ibid. 

'Zdekauer, introduction, lxxv ff. 
6 Ibid., lxxv, 70. 

6 Ibid., lxxxiii. 

7 Ibid., lxv, note I. 
K Ibid., lxxxv, 81. 
•'Zdekauer, constitution, I. 518. 

The Podesta of Siena 257 

These then are the leading steps by which the people's party in- 
vaded and took possession of the commune. Only one thing re- 
mained to be done, and that was to claim a share in the legislative 
privileges of the Council of the Bell. This pretension was satisfied 
about 1262, for in the constitution of that year the Council of the 
People is called to a common session with the Council of the Bell 
whenever any of the more important political and legislative projects 
are to be discussed. 1 

The bearing of this apparent digression, treating of the victori- 
ous campaign of the people's party and their twenty-four paladins, 
on the question before us, the question of the podesta, must leap 
into view. Till 1240 the podesta enjoyed undisturbed the full 
sovereign rights with which he had been endowed as the successor 
of the consuls. From that year, however, the year when the people 
introduced the Twenty-four into the Council of the Bell, his star 
began to pale. To distinguish : hitherto we have dealt with the 
podesta in his first period, the period of his undisputed sovereignty, 
extending from the beginning of the century to the year 1240 ; we 
have now to examine his decline, which from 1240 continued unin- 
terruptedly until 1 262 — a point at which we can conveniently 
halt, and with the constitution of that year before us, examine 
accurately into the position to which he had been reduced. 

In the year 1250 Uberto dell'Andito, a Lombard from Piacenza, 
was podesta of Siena. He was a man of much political experience 
and great energy of will, and left an indelible mark upon the Sienese 
constitution. 2 The accidental character of the administration, the 
waste and loose ends which littered the offices of a government, 
building under stress of daily necessity and without a fixed plan, 
must have been abhorrent to him, for with more than common 
courage he undertook a thorough housecleaning. He brought into 
one book the scattered police ordinances ' of the time (banna reno- 
vata), making therewith a beginning toward a regular criminal code, 
and he rendered an important constitutional service by a collection l 
of the statutes of the various offices of the state {breve dcgli officiali). 
The banna of a podesta could contain of right only such decrees 
and threats of penalties as had been duly voted by the legislative 
branch, but Uberto ventured to draw upon that discretional power 
inherent in every strong executive, and in many cases ventured to 

1 Ibid. See index, under head consilium campane et popitli. 

2 See historical notice of him in Zdekauer, introduction, lxxi. 

3 Published in part by Puccinotti, Storia di Medicina, II. Leghorn, 1855. 

4 Published in toto by Banchi, Arch. Stor. Jtal., Serie 3, Tomo III., 1866. The 
publication both of breve and banna leave much to be desired. The originals are of 
course preserved in the Archivio di Stato at Siena. 

258 F. Schwill 

modify the fines established by law. His proceeding was quite in 
accordance with contemporary usage, but seems to have aroused 
the ire of the new power in the state, the societas populi. At an)' 
rate this party had no sooner acquired a more aggressive form by 
giving itself a captain (1253), than it abolished the podesta's power 
to exercise an independent judgment in the issuance of bans. 1 
This occurred in the year 1255, and it seems probable that to the 
same year belongs the prohibition of the podesta's engaging in any 
secret practices with the constitutional committee. 2 The existing 
record of this prohibition is of 1262, when it appears in the consti- 
tution of that year (Distinctio I. 142), but it is safe to assume that it 
was adopted some years before, in the time of the popular agitation 
against the legislative transgressions of the podesta. The total 
effect of these measures was to strip the city sovereign from this 
time forth of all legislative power. Thus the extraordinary energy 
which Uberto dell'Andito brought to bear upon the state, and the 
many services which he rendered, may be said to have undermined 
by a process of reaction the office which he desired to strengthen. 
But the popidus was far from being satisfied. The effort to 
wrest the scepter from the aging sovereign continued, and was now 
directed upon his military power. In the first half of the century 
the podesta had led the army of the republic into battle, but now he 
had a rival in the captain, the opposition party's natural head. Just 
how such a double leadership, sure to be full of suspicion and 
bitterness, was in practice harmonized with the interests of the state, 
can now no longer be made out, but an important suggestion, at 
least, is furnished by the constitution of the year 1 262 (Distinctio 
I. 221). Here we read that from a military point of view podesta 
and captain are exactly equal, for either one or the other, but not 
both, shall be chosen to lead the host to war. This provision, to 
be sure, is comparatively late, being of the year 1262/ but in a still 
earlier period there is evidence of the podesta's shaken military po- 
sition, in his reduction, on one famous occasion, to complete military 
nullity. In the year 1260 the state of Siena was convulsed with its 
capital medieval crisis. The Florentines were on the point of taking 

1 See deliberation of the Council of the People, Zdekauer, introd., lxxv, note 5- 
This merely party measure was, according to the practice of the populus, afterwards im- 
posed upon the constitutional committee of the Council of the Bell and incorporated in 
the constitution, where it is to be found, I. 181. 

2 It can be proved that the podesta interfered with the constitutional committee 
(emeiidatores) as late as 1230. See Zdekauer, introduction, xix, note I. At this time 
such interference was entirely regular, and probably continued without protest on the part 
of anybody until the above-mentioned time. 

:) It is really an addendum to the constitution of 1262, and may therefore belong to 
one of the years immediately following. 

The Podesta of Siena 259 

the city, when they were defeated just outside the walls at Monta- 
perti. Here, if ever in the history of Siena, there was occasion for 
military leadership, and an opportunity for a sovereign of somewhat 
tarnished luster to revive a decaying prestige. But what do we 
find ? The very name of the podesta of 1 260, one Franciscus de 
Troysio, 1 is hardly preserved in the not unabundant records and 
chronicles that have come down to us, 2 and from these same sources 
we learn that the splendid victory of the Sienese was won under the 
leadership of the Count Giordano, King Manfred's vicar, and of 
Aldobrandino Aldobrandeschi, a Ghibelline nobleman of the Sienese 
sphere of influence. Since the podesta had no direct and visible 
share in the great triumph of Montaperti, it might be surmised that 
he made himself felt in other ways, for instance, in the political di- 
rection of the state. But this is disproved by the records, which 
concur to show that the governance of Siena in 1 260 was entirely in 
the hands of the Twenty-four. The pertinence of the occasion for 
a capable and ambitious executive officer cannot be denied. That 
the podesta could not seize the convenient tide at the moment of its 
flood proves that he was moribund, and his decline an ineluctable 
consequence of the political evolution of Siena. 

With legislative powers gone, with military powers sapped and 
dying, he might have retained a not unworthy position, if he had 
held fast to the political direction of the state. But this had passed, 
as the history of Montaperti shows, and as has just been said, to 
the Twenty-four, the Signori Ventiquatiro. Already in 1260 they 
and they alone gave the city its political impulse, and this newly- 
won hegemony was fortified and secured in a hundred ways in the 
constitution of 1262. Its most vigorous expression is found in that 
article 3 wherein the Twenty-four are called upon to hold a secret 
meeting once a month, to determine, practically like a modern min- 
istry, the new measures to be taken before the council for delibera- 
tion, and to be put into execution by the state. 

Surely, comparing him with what he was in 1 240, the podesta 
in 1262 presented a much-shrunken figure. Of his once ample 

1 This is the form of the name given in the letter of King Manfred, who sent him as 
podesta. See the letter of Manfred in Paoli, 76. The name has many variants. The 
chronicler Ventura spells it Troisi (Porri, Miscellanea Senese, 1844). The Cronica 
Senese gives the name as Trevizi (Muratori, XV. ). 

2 The most readable of the chronicles on Montaperti are those of Aldobrandino and 
Ventura, both published by Porri, Miscellanea Senese, 1844. 

3 Zdekauer, I. 172. Other important advantages gained at about the same time and 
clinching the domination of the Twenty-four over offices and state are : The Twenty-four 
watch over the household of the podesta like a special police, and dismiss any member 
thereof on suspicion (I. 150) ; they elect the captain of the people (I. 151) ; there is 
an appeal to the Twenty-four from the decision of the captain (II. 167). 

260 F. Schwill 

rights there now remained to him nothing but the judicial functions, 
by reason of which he presided over certain courts, and a kind of 
honorary sovereignty, which he exercised as the executive agent of 
the legislative council and the visible symbol of the city's unity. 
In the constitution of the year 1262, with its sonorous legal phrase- 
ology, he still looms large, but if we look close we find that, though 
he reigns, he does not govern, being bound about and strait- 
jacketed with provisions and clauses that leave him hardly room to 

In the famous constitution of 1262, to which the chronological 
development of our subject has now brought us, and in the light of 
which I purpose to examine in detail the position of the podesta at 
that time, Siena possesses a unique document. Constitutions and 
constitutional fragments of other medieval Tuscan towns there are, 
which antedate it by a generation and more, but no other constitution 
of the thirteenth century seems to have been so broadly and intelli- 
gently planned, or has come down to us in a more handsome form 
or in a more perfect state of preservation. 1 

From the keen and learned introduction which Zdekauer has 
prefixed to his publication of the document we learn how it grew 
gradually to its present bulk ; that though it bears the date of 
1262, being revised and approved in that year, it contains a nucleus 
which reaches back to the consular era of the previous century ; 
and that hardly a year had passed since then which had not 
brought its small and patient increment. The original element, the 
seed of the constitutional plant, was the breve, a kind of summary 
of the obligations sworn to by the consuls on assuming office ; as 
other offices developed in the young municipality, a breve was 
drawn up for them too ; and finally, a fusion of all the bievia pro- 
duced the general constitution on which the podesta, as the 
thirteenth-century sovereign, took the oath, and which was therefore 
frequently called by his name. Thus the constitution of 1262 
could also be called — for such indeed it was — the breve of the 
podesta of that year. This evolutionary character of the document 
of t 262 should be kept in mind, and the error guarded against of 
looking upon the arrangements for the podesta as necessarily or even 
probably new provisions. There is furnished by many of the arti- 
cles abundant internal evidence that they go back a hundred years 
and more. On the other hand, such as they stand, they were bind- 
ing only upon the particular podesta for whose behoof they were 
drawn up, and together with the marginal adjuncts made by subse- 

1 Preserved at the Archivio di Stato, Siena — Serie degli Statuti, No. 2 — and held in 
as high regard as the miracle-working relic of a Capuchin monastery. 

The Podesta of Siena 261 

quent constitutional boards, the annually elected emendatores , were 
in actual force, until, at most, the year 1269. Tuscan constitutions 
in those days had a tentative and fugitive character, to a degree 
which invited the scorn and ridicule even of contemporaries,' and 
which to us moderns with our need of social guaranties seems to 
be nothing less than fury and sacrilege. 

The podesta, like all officers of the commune, was elected in the 
Council of the Bell. 2 Three members, designated by lot, elected 
three others, who drew up a list of candidates and submitted it for 
approval to the council. This system, mixed of lot and election, 
was planned to secure the state against the intrigues of ambitious 
politicians. The candidate honored by the first place on the list 
was thereupon informed by special embassy, and, in case he accepted, 
had to be in Siena in festivitate omnium Sanctorum (November 1). 
The office was to last a year ; the pay, though it might vary with 
each appointment, was exceedingly liberal. As there was yet no 
town hall — the present palazzo pubblico, one of the most noble 
public edifices in the world, was begun only toward the end of the 
century — he was given forty libra ct non plus for the rental of a 
private residence. Here he must dwell with his household (fami- 
liar es), in which his special legal adviser (judex), a master of cere- 
monies or majordomo (senescalcus), and a knightly attendant [miles') 
were prominent figures. 

Although expected to be in Siena on the first of November, and 
sworn in by the podesta shortly after his arrival, his term did not 
formally begin until January 1. The interval of two months was 
probably useful in acquainting him with the duties of his office and 
with the particular local conditions. But once in harness his work 
was by no means light. He called together the Council of the 
Bell, presided at its sessions, and was charged with the execution 
of all constitutional and legislative enactments. He held the 
honorary presidency of both the civil and the criminal courts, in di- 
rect charge respectively of the judex comunis and the judex mctlc- 
jiciorum. In these courts the practice was for the judge in charge 

1 See Dante, Purgatory, VI. 127-151 : 

" Fiorenza mia, ben puoi esser contenta 
Di questa digression che non ti tocca, 

Quante volte del tempo che rimembre 
Legge, moneta, officio e costume 
Hai tu mutato, e rinnovate membre." 

2 The following facts about the podesta are all drawn from Distinctio I. of the consti- 
tution. The exact reference will be given only where the information furnished by the 
index is not sufficiently clear. 

262 F. Schwill 

of the trial to find the verdict, which the podesta then publicly an- 
nounced, and carried into execution through his special police 
agents called balitores. In case of war he led the host, but this 
duty, as we have already seen, might also be delegated to the 

Very remarkable was the element of suspicion in which he was 
steeped, and the precautionary measures by which his independent 
activity was surrounded and checked. The podesta, we have 
learned, was a foreigner, largely because a foreigner might be sup- 
posed to bring an unprejudiced mind to bear upon the local feuds. 
It was all-important that he favor no section of the city nor any 
family interest, but remain aloof from and above the local political 
issues. This idea must have been constantly present in the minds 
of the constitution-makers. Besides they had to secure the city 
against any possible attempt of the annual sovereign to possess him- 
self of power permanently. For all these reasons, he was harassed 
with the most astonishing police regulations. The constitution waxed 
very solemn on this head. Let his house be open and undefended ; 
let there be no portonarius or aistos. Further, there must be no 
secret conference at night ; in fact, the podesta shall be in his house 
post trinam piilsationem campane (the curfew-bell) and leave it under 
no conditions except on business of the commune. 1 He must ac- 
cept no present, for a present might be made to do the service of a 
bribe. He shall not even go so far as to feast any one in his house, 
and, of course, to accept an invitation to dine with a townsman 
was out of the question. 2 A curious evidence of the jealousy 
of the three city sections {terzi) is furnished by the article 3 pre- 
scribing that the successive podesta must reside in the tcrzi in 
rotation, thus favoring all alike ; and the climax is reached in the 
suspicious vigilance that surrounded him and his household, in the 
measure already noted in another connection, 4 by virtue of which 
the Twenty-four could dismiss any one of his familiar rs the moment 
his attachment to Siena seemed doubtful to them. 5 

The natural conclusion of this rigorous surveillance was the 
sindacamcntum — the revision already explained 6 — terminating his 
year of sovereignty. He had to pledge himself to stay in Siena 
eight days after the end of his term, when his administration was 

1 1. 169. 

2 1. 167: Et non comedan et bibam cum aliquo vel aliquibus civibus Senensibus, 
nee eos mecum vel ad mensam meam . . . coraedere et bibere permittam. 

3 I. 211. 

* Page 259, note 3. 
5 1. 150. 
'• I'age 251. 

The Podesta of Siena 263 

reviewed by the four provisores — the regular treasury officials — 
and every charge of misconduct preferred by any citizen whatsoever 
was carefully investigated. To give force to this measure, 200 libra; 
of his salary were withheld until the process of audit was closed and 
the accounts declared satisfactory. 1 A partial mitigation of these 
hard terms must have lain in the circumstance that the sindacamen- 
turii was not the podesta's special privilege, but was the common lot 
of all office-holders. 

The podesta proved to have a long life and figured in the con- 
stitutional history of Siena for many generations to come. If we 
found his political direction of the state gone in the year 1262, he 
was none the less the titular sovereign. It is an evidence of the 
persistence of legal forms that this titular sovereignty is still con- 
ferred upon him half a century later by the constitution which bears 
the date of 1309-13 10, though this document 2 makes it perfectly 
clear that the power in the state rests now with another body 
representing an entirely new experiment in government, to wit, the 
nine representatives of the merchant class, officially called the Nove. 
A special section (Distinctio VI.) in the constitution of 1309-1310 
is entirely devoted to their functions. From the Twenty -four in the 
year 1240 to the Nove — the Nine — in 1309-13 10, the political 
power in Siena had frequently changed hands, but in all that time, 
and especially from the year 1262 on, it cannot be said to have 
rested with the podesta. Still the old fiction of his supremacy sur- 
vived in the laws, probably, first, because the Twenty-four, or the 
Thirty-six, or the Nine, however the successive bodies of control 
might be called, still had the need of an executive agent ; and, 
secondly, because they found it convenient to conceal their partizan 
direction behind the knightly person of the podesta, who was sur- 
rounded with honors and ceremonies, and kindly consented to stand 
before the people for the one and undivided character of the state. 
Nevertheless such a fiction deceived no one, and, to the Sienese, 
the government of the city was, from the rise of the Twenty-four, 
with this body and with their successors and not with the podesta. 

But yet another reason accounts for the fact that the podesta 
continued to exist, even when most of his earlier occupations had 
long been canceled. He had always had an honorary presidency 
in the two main courts, the civil and the criminal ; as the need of an 

1 1. 149, 210, 520. 

2 The constitution of 1309-1310, in the Italian language, is a translation of the con- 
stitution of 1296, which in 1309 was still in vigor and so remained vintil 1334. The 
constitution that bears the date of 1309-1310 is therefore really the constitution of the 
period 1 296-1 334. It has been published by Lisini, II Costituto del Connate di Siena, 
2 vols. (Siena, 1903). 


264 I 7 - Schwill 

impartial justice was perennial, and as to the minds of that day this 
impartiality seemed to be best assured by a foreigner, it is only 
natural that the podesta should have been retained as the supreme 
judge, and in the period of his decline have become more and more 
identified with this office. It is as a judge that he plays a role to 
the generations after Montaperti and continues to play to the end of 
the middle ages. But with the constant reforms going on in the 
constitution of the courts, reforms due to the increasingly compli- 
cated legal relations of men in a developing society, these judicial 
functions of the podesta could not remain the same from age to age. 
Comparing the constitution of 1262 with that of 1309-13 10, it be- 
comes plain that in the course of half a century the courts have 
been reorganized, the laws revised and multiplied, and the legal 
position of the podesta modified in various ways ; and this process 
continued throughout the fourteenth century. 

But through this phase, which belongs to the judicial story of 
Siena, we have no further interest in following this official. We 
found him a sovereign and traced his gradual decline in that capacity ; 
and there we leave him, stripped of the regalia, but tenaciously 
holding fast to his judicial honors, with such success, that in one 
form or another he continued to enjoy them far into a time that, 
owing to the rapid and continual political metamorphoses of the re- 
public, retained but a confused memory of his early significance. 

Ferdinand Schwill. 


The imperial city of Hamburg was for nearly two hundred years 
the principal seaport on the continent to which the Merchant Ad- 
venturers of England traded, the mart-town in which the society 
stapled the great woolen manufacture of England. The relations 
between the Adventurers Company and the city were formally 
established in 1567, and with one important exception continued 
down to the dissolution of the society at Hamburg in the nineteenth 
century. During this time the Adventurers frequenting the Ham- 
burg marts were fully organized in accordance with their constitu- 
tion and charter. At first they formed a local or subsidiary court 
only, but later, when the religious disturbances in the Netherlands 
brought about the decline in trade to those parts, and a consequent 
increase in the Hamburg trade, the general court of the fellowship 
was also transferred thither. The story of the Merchant Adven- 
turers at Hamburg is therefore of importance, first, because it affords 
a study of a phase of English commercial life as it worked itself 
out through the medium of a medieval trading fraternity ; second, 
because it throws much light on the character and organization of 
the society ; and third, because it witnesses the scene of its final dis- 

The first regular commercial relations based upon mutual agree- 
ment between the Company of Merchant Adventurers and the city 
of Hamburg lasted over a period of ten years, from 1567 to 1 577. 
This part of the society's history has been treated by Dr. Ehren- 
berg ' in an exhaustive study which has given rise to considerable 
discussion.- But the much longer and more important period of 
the Adventurers' history at Hamburg, which began in 161 1 and 
continued without interruption into the early part of the nineteenth 
century, has not been treated, except in parts by local historians of 
Hamburg, especially by that careful student of Hanseatic history, 
Dr. Lappenberg. 

Of the sources that serve as a basis for the present study there 
are a number that have a peculiar interest. They emanate directly 
from the Merchant Adventurers themselves and represent a few im- 

1 Ehrenberg, Hamburg unci England ini Zeitalter der Konigin Elizabeth (Jena, 

2 Compare Hansische Geschicktsblii'ter, 1895 ; Transactions of the Royal Historical 
Society, XV. I -5 1. 

AM. HIST. REV., VOL. IX. — 18. 


266 W. E. LingclbacJi 

portant bits from the long-sought records of the society. 1 First 
among these is the old Church Book - of the fellowship with entries 
covering the period from 1617 to 1738, though all entries for dates 
prior to 17 17 are copied from two older registers since lost. 3 This 
is supplemented by two other registers 4 for the subsequent period 
down to 1806, the latter concluding with the following graphic 
entry : 

1806. Charles Son of John Thornton Esq re and of Maria Elizabeth 

Dorothea his wife was privately baptized at Otmanchen in my 

No. 19. flight from the French who this day took possession of 
Hamburg. John Knipe. 

In general the character of the contents of these three interesting 
volumes may be inferred from the following entry in Volume II. : 

A Register of all who were Baptized or married according to the 
Rites and Ceremonies of the Church of England, belonging to, or under 
the protection of the Right Worshipfull the Company of Merchants 
Adventurers residing in Hamburg. 

Besides the church registers there are two bundles of the 
society's papers in manuscript,' the first containing writs and testa- 
ments, fourteen in all, made by persons associated with the court, 
and varying in date from 1756 to 1802. In it are also found two 
letters by George Thornton, 6 from which it appears that the two 

1 The absence of all records of the Merchant Adventurers has given rise to much con- 
jecture and earnest investigation, but with only partial success. Up to a few years ago 
the valuable collection of laws codified by Wheeler in 1608 and preserved in the British 
Museum, Addit. MS. 18913, represented the only official records of the society. To 
these the three church registers of the court at Hamburg, and the half-dozen treasurers' 
reports will form a valuable addition. For the local fellowship in the different towns, as 
for example, Hull, Newcastle, York, etc., records exist, although still unpublished ex- 
cept in the case of Newcastle, and very recently of Bristol. 

2 Church Book, 1617-1738, in manuscript. Hamburger Staatsarchiv, CI. VIII., No. 
*)d, Vol. I., " Englisches Kirchenbuch, 1617-1738." 

3 Cf. the following entry : " A Perfect Extracte of two former registers of the names of 
the Communicants of the English Church at Hamborough. Together with the baptismes 
and marriages Taken the 24 of Apriell 1620 by the Appointment of William Loe Dr. of 
Divinity and pastor of the said Church." 

* Hamburger Staatsarchiv, CI. VIII., No. 9d, Vols. II. and III. The first entry of 
the third volume records the marriage of the daughter of "Mr. Governor Blacker." 
This volume, according to a record on the inner cover, was produced before the High 
Court of Chancery in England in 1818 for the examination of witnesses in the cause "be- 
tween The Honorable Alfred Curzon and The Honorable Francis Curzon, Inlants, by 
their next Friend — plaintiffs, . . . and The Honorable and The Reverend David 
Francis Curzon and others — defendants." 

5 Hamburger Staatsarchiv, Engl. Court, CI. VI., No. 2, Vol. 5, Fasc. I, Invol. 19. 
The librarian's note on the acquisition and contents of the bundles is as follows : " Am 
2 Juni 1876 sind von Herrn Oberstlieutenant A. D. G. Thornton dem Stadtarchive iiber- 
liefert I. Ein Kirchenbuch der Ehmaligen Engliscben Court ... II. Testamente I 
. ... HI. Abrechungen der Englischen Court iiber die Tahre. ..." 

6 George Thornton was the son of John Thornton, one of the members of the society I 
■who remained in Hamburg after the occupation of the city by the French. 

The Merchant Adventurers at Hamburg 267 

bundles of papers and the old Church Book were found among his 
father's papers and later given by him to the library. The second 
bundle contains a number of interesting and very valuable annual 
statements 'by the treasurers of the company. To these records 
emanating directly from the society before its dissolution must be 
added the reports to Secretary Canning by the commission appointed 
at Hamburg in 1824 to investigate the circumstances of the dissolu- 
tion of the factory, 1 a number of letters by the surviving members 
of the society at Hamburg in 1806, extracts from the protocol of 
the Rath, and the contracts between the city and the Adventurers 
for 1567, 161 1, and 161 8. 

At the time of the first settlement of the Merchant Adventurers 
at Hamburg in 1 567 the once loose organization among English 
"adventuring merchants " to the coasts of the continent had been 
gradually transformed into a close and well-organized society, with 
customs and practices already crystallizing. Woolen cloth in the 
white constituted the great staple article of their export trade from 
England, and for two centuries and a half, with only occasional in- 
terruptions, the fellowship enjoyed a monopoly of the export of 
this important manufacture to all points on the continent lying be- 
tween the Somme in France and the Skaw in Denmark. In the 
import trade the adventurers enjoyed the fullest freedom, all varie- 
ties of goods being imported by them. 2 The manner and rules of 
their trade differed materially from the joint-stock companies of the 
later period, each member trading for himself and at his own risk. 
The company participation appears not in a joint interest in profit 
or loss, but rather in the rules of trade that were developed, partly 
to facilitate the adventures of the members, and partly to regu- 
late the trade justly and fairly. They provided that all ship- 
ments by members be made at certain ports, at specified times, that 
each member observe the stint of shipping, and that the goods be 
placed for sale only at the quarterly marts — clearly regulations 
for mutual protection and advantage in times when the foreign trade 
was both difficult and dangerous. 

1 Hamburgh Complaints, Copies of, and extracts from all correspondence which has 
taken place since 1823, between His Majesty' s Secretary of State for Foreign Affairs and 
His Majesty' s Consul at Hamburgh, relative to Grievances complained of by British sub- 
jects resident in that city (Ordered by the House of Commons to be printed, April 20, 

1835. ) Among the sources unmentioned above is a folio volume of letters in manuscript 
in the Commerz Bibliotek at Hamburg that should be noted. 

2 Cf. Wheeler, A Treatise of Commerce, 23 ; Lawes, Customes and Ordinances of 
the Merchant Adventurers, "Translations and Reprints," University of Pennsyl- 

,2 68 IV. E. Linsrelbach 


To regulate the trade and the life of its members, to represent 
its interests with governments, princes, and cities, and to promote 
the trade of the individual adventurer by an effective use of cor- 
porate power against opposition and competition in the face of 
which, single-handed, the trader could not have succeeded at all, the 
society had developed a strong government. This consisted of a 
governor, his deputy, and twenty-four assistants, known as the court 
of assistants. In this court were vested the executive, administrative, 
and to a large degree the legislative rights and duties of the society. 
This court or government was located at the mart-town on the con- 
tinent. 1 All matters pertaining to the fellowship in general were 
under its direct control. For matters of local interest, and for the 
government of members resident in the various towns outside the 
mart-town, subsidiary courts existed. These were known as asso- 
ciate courts, and were in most things subservient to the higher 

The occasion for the first settlement of the Adventurers at 
Hamburg arose from the insecurity of trade in the Netherlands, the 
dissatisfaction with Spanish rule, and the loss of trade to Ham- 
burg when the English government refused to allow the Hanse to 
continue the export of woolen cloth. On March 17, 1564, the 
Senate of the city addressed a writing to Elizabeth expostulating 
against the prohibition, and offering to the Adventurers the same 
privileges in the matter of trade as those enjoyed by the burghers. 3 
After prolonged negotiations, finally accelerated by the intolerance 
of the Spanish in the Netherlands, which made it well-nigh impos- 
sible for the Adventurers to remain longer at Antwerp, 4 an agree- 
ment was reached on July 19, 1567, and the society was granted 
its first privileges by the city of Hamburg. The grant was for ten 
years, and it was mutually understood that at the expiration of that 
period the agreement would be extended. 

Owing to the violent opposition of Eubeck and the other 
Hanse towns, however, the privileges were not renewed in 1577. 
Instead was issued the Hamburg Decree, expelling the society- 
In 1587 intercourse was resumed, but again the opposition of the 
other cities proved too strong. After this the Adventurers' trade to 

1 Cf, Transactions of the Royal Historical Society, XV. 29 ft". 

2 The exception made in 1688 in the case of London, concerning the choice of the 
deputy and other officers, and the making of rules in matters of trade should be noted. 
British Museum, Addit. MS. 18913, fol. 200, printed in " Translations and Reprints,'' 
N. S., Vol. II. 195 ff. 

3 Record Office State Papers, For. Elizabeth, Vol. 77, fol. 68. Printed by Ehren- 
berg, Hamburg unci England im Zeitalter der Konigin Elizabeth, appendix, 310. 

4 Kervyn de Lettenhove, Histoire de Flandre, V. 75 et passim. 

The Merchant Adventurers at Hamburg 269 

Germany was for a number of years irregular and erratic, without 
the control of a well-established residence at a great mart-town. 
For scarcely did they settle down at any one place before an im- 
perial edict 1 drove them thence. Stade, it is true, furnished a tem- 
porary though unsatisfactory residence, from which trade was 
carried on with Hamburg through factors. 2 The Adventurers, 
therefore, looked anxiously for the time when they would again be 
taken up by the latter city. But not till 161 1 was the hostility to 
the English trader sufficiently broken to make possible a successful 
resumption of friendly negotiations. On June 28 of that year 
Hamburg again made overtures to the fellowship. An agreement 
based on that of 1567 was reached, and the society transferred its 
residence to Hamburg. 3 On the basis of this agreement, slightly 
modified in favor of their society in 16 18, the Merchant Adven- 
turers maintained their chief residence there for well-nigh two cen- 
turies. A knowledge of the privileges then obtained is therefore 
essential to an appreciative study of the later period of the society's 

The contract of 16 18 is drawn up in fifty-one articles/ and it 
corresponds in general quite closely to the agreements of the 
earlier dates mentioned above. It is besides very similar to the 
privileges granted the society at different times in its other mart- 
towns on the continent, and may therefore serve in a general way 
as typical, affording an indication of the position of the Adven- 
turers and their residence in the heart of the foreign cities in which 
they established their staple. How liberal and far-reaching these 
were will appear from the following brief analysis : By the provi- 
sions of this contract with Hamburg the Adventurers were con- 
firmed in their possession, free of taxes, of the large stately house 
secured to them by the privilege of 161 1, the city agreeing to keep 

1 The text of the imperial edict of 1 597 is very interesting on broader historical 
grounds. After reviewing the history of the company's relations to the continent, and 
the grievances against its monopolistic dealings, it concludes, " Therefore is it that we 
prohibite, banish out and proscribe all the forenamed English M.M. to wit the whole 
Company of the M.M. Adventurers, together with their hurtful dealings, trafficks and 
contractings out of all the holy Empire. . . . Given in our Royale Castell at Praghe, 
the first day of the month of August, Anno 1597, of our Romish Kingdome the 22 yeere, 
of Hungarie the 25, and of Bohemia also the 22," etc. Cf. Wheeler's translation in his 
Treatise of Commerce, 80-91. 

2 The chief mart and residence of the society was still in the Netherlands. In 1587 
it had been established at Middleburg. 

3 The reasons for the removal to Hamburg and the disadvantages of Stade as a 
residence are clearly set forth by Mr. John Kendrick. Record Office State Papers, 
Dom. James I., Vol. 67, No. 80. 

4 The English text of the contract is given in the Parliamentary Papers, cited above, 
Hamburgh Complaints, Enclosure in No. 8, Appendix F. 

■o IV. E. Linpelbach 


the building in " good repair." Within its walls they were given 
the right to "assemble as often as .they pleased, to execute 
their regulations and laws, administer justice and transact all 
other business themselves concerning." ' There also entire free- 
dom of religious worship, and preaching in the English tongue was 
allowed the company, saving only the reservation that it be done 
quietly and "without giving any public scandal." The use of the 
city cemeteries was granted subject to the customary payments, 
and the Senate engaged itself to see to it that the citizens " demean 
themselves modestly and peaceably towards the merchants of the 
company and their servants," and that the ministers refrain from 
preaching against their religious rights and do not "asperse or stig- 
matize them." " 

For good government among the Adventurers and in order to 
avoid "daily complaints," the Senate granted them the right to ex- 
ercise all the privileges of their charter ; of electing a governor or 
deputy of the company, who was to represent all the other mem- 
bers ; to add to him others of their numbers, " either their eldest or 
others," who with him were to act as a government and court of 
law for all Englishmen, whether belonging to the company or not, 
judging and ruling among them according to the provisions of the 
royal charters to the Adventurers. Only in criminal cases of a 
serious nature did the city authorities interpose. In all other cases 
the jurisdiction 3 of the court over Englishmen was complete, and to 
aid the society in the execution of its judgments the officers of the 
city were placed at the service of the court. 4 In disputes of a civil 
nature between Englishmen and others (burghers or aliens), the 
latter had the option of bringing the case either before the preferred 
court of the society or before the Senate for trial. In either case, 
however, the judgment must be accepted as final. 5 The contract 
also provided for extra consideration both for the person and goods 
of the Adventurer. Articles 6 and 16 protected him against all vio- 
lence or molestation within the jurisdiction of the city, and secured 
the good services of the city in the society's behalf in case of molesta- 
tion outside of its limits. Article i 5 guaranteed the goods of a mem- 
ber against confiscation in all cases except that of high treason. He 
was free from arrest, and his goods safe against attachment for debt 
or civil misdemeanor till he was sentenced, or till the court-master 
had been warned of the action and an opportunity had been afforded 

1 Article 18. 2 Articles 19 and 20. 

3 Cf. also Der Englischen Court-Beamte und deren Jura, Hamburger Staatsarchiv, 
CI. VI., No. 2, Vol. 5, Fasc. I, Invol. 18. 

* Article 7. 5 Article 8. 

The Merchant Adventurers at Hamburg 2 7 1 

to enter bail. 1 The members, on the other hand, by giving security 
could exercise the right of arrest and attachment, and the city 
bound itself not to delay speedy trial and justice.- Stolen goods 
belonging to members of the company and not yet alienated could 
be immediately recovered. 3 Entire freedom was allowed the mer- 
chants to testate according to the forms and customs of England, 
and the inheritance of such as died intestate was to be delivered 
to the heirs, solely through the medium of the court-master, without 
any deduction.' 

Over and above these substantial considerations in favor of the 
interests of the society in civil and criminal matters, there were 
others of even greater material advantage. These related to the 
tolls or customs-duties upon import and export trade, and secured 
to the English merchants all the rights enjoyed by the burghers, 
without involving them in any of the obligations of citizenship. 
Complete freedom of trade was granted them in all articles of trade 
excepting only those expressly prohibited in the agreement, in 
which the citizens also were not allowed to trade. The trade 
and exchange of commodities within the city was likewise free 
to the members of the society. They " shall be at liberty to sell 
their cloth, wares and goods whenever they please, and at any time 
or day (holy days excepted) as well to our citizens and inhabitants 
as to other aliens and outlanders of whatever people or nation they 
may be, and to treat in return with them for commodities they may 
have brought hither for sale, and consequently carry on an open 
trade without any difference whatsoever." 5 A special clause of the 
agreement, however, limited the trading of the Adventurers in cloth 
entirely to the wholesale trade. 6 Only among themselves were 
they at liberty to sell at retail and in small quantities. Article 24 
continued the old provision of 1567 concerning the dyeing and 
dressing of cloth by the society. It provided that cloth was to be 
prepared by the members only " in such manner as is done in 
Frankfurth and Upper Germany." Cloth thus prepared could not 
be sold to aliens at Hamburg, but must be transported directly to 
upper Germany, Leipzig, or Frankfort. Cloth already dyed and 
dressed in England might be freely sold at Hamburg, and un- 
finished English kerseys could even be dyed and dressed there. 

Detailed rules are laid down in regard to trading, commission, 
loading and unloading, salvage, wages, and the employment of 
servants, measurers, packers, porters, etc. The city engages itself 

•Article 13. 2 Article 12. 

3 Article 17. 4 Article 36. 

'Article 23. 6 Article 25. 

272 IV. E. Lingelbach 

to do all in its power to aid the society in suppressing interlopers, 
and the Adventurers promise to use their influence in procuring a 
law "from his Britannic Majesty that no Englishman shall land any 
goods in any other port or on any other shore of the Elbe." l The 
company and every member thereof is exempt from ground-rent, 
wharfage, anchorage, or cranage. 2 The city undertakes to provide 
a sufficient number of barges, etc., and to delegate a deputation of 
citizens who shall endeavor to rent for the fellowship, on as moderate 
terms as possible, houses, inns, workshops, cellars, and warehouses. 
The proconsuls and senators also engaged themselves to call to- 
gether the officers of the port once a year to instruct them concern- 
ing the privileges of the society. 1 

In addition to these exceptional advantages in trade and civil 
standing is another quite as important, namely, the exemption from 
mounting guard and garrisoning and " from all contributions for that 
purpose, as well as from all other civil imposts, whether real or per- 
sonal, and from all other burthens and taxes," 4 etc. 

On the basis of these remarkably favorable privileges, conferring 
upon them greater rights than those enjoyed even by the burghers, 
while at the same time relieving them of the burdens of citizenship, 
the Adventurers easily succeeded in arrogating to themselves com- 
plete control of the commerce between England and Hamburg. 
The special provision added as Article 44 to the agreement in 161 8, 
prohibiting " citizens, inhabitants or foreigners resident here [Ham- 
burg] or in England" from bringing from or sending to England 
any goods belonging to merchants of the company or to any other 
Englishmen, reveals the great advantage enjoyed by the Adven- 
turers over all possible foreign rivals. Indeed the only trade with 
England open to the burgher and the alien was in " goods not be- 
longing to the Company nor to Englishmen." Such restrictions 
must have been prohibitive, so far as their effect upon actual com- 
merce was concerned. 

Add to these advantages at Hamburg the monopoly rights 
secured to the Adventurers by their charters from the English Crown, 
and the basis for their large trade and the great wealth of the 
society's members r ' becomes apparent at once. For the Ham- 
burg residence still another circumstance contributed materially to 
increase its importance. The disintegration of the English trade to 

1 Article 43. 2 Articles 32 and 33. 

3 Article46. 4 Article2l. 

5 Too great a corporate organization must not be attributed to the Merchant Adven- 
turers Company in matters of trade, wealth, etc. The society's wealth and influence de- 
pended entirely upon the individual members and the extent to which these contributed to 
its maintenance and to the carrying on of its policy and its interests. 

The Merchant Adventurers at Hamburg 273 

commercial centers in the Netherlands, arising from the dangerous 
and unsettled conditions consequent upon the numerous wars, 
served to deflect the commerce of the North Sea more and more to 
Hamburg, that is, into the hands of the Adventurers. 

What were the exact proportions of the trade with Hamburg 
during this period it is difficult to determine. The most satisfactory 
source would again be the private records of the society, especially 
the registers and the appointer's books. In the absence of these, 
the insufficient and complicated material in the shippers' lists, etc., 
of the port of Hamburg must serve as a starting-point. These, and 
other material of the same nature, Dr. Baasch, 1 and for the early 
period Dr. Ehrenberg, 2 have both worked over with much scholarly 
care, but unfortunately the data concerning the Merchant Adven- 
turers' trade is very inadequate. The very fact that the members 
of the society were exempt from the usual customs and tolls makes 
the entries concerning them comparatively meager. Indeed, all 
through the records of the city of Hamburg relating to commerce 
the society figures but little. In the minutes of the Commers 
Deputation, which body was virtually in charge of matters of trade, 
the society's affairs come up for discussion only a few times during 
the eighteenth century. The society's commercial relations, as well 
as its civic relations to the city and the burghers, were clearly speci- 
fied by the contract, and all its dealings were therefore with the 
Senate rather than with the Chamber of Commerce. 

An account of the trade of the Adventurers at Hamburg, even 
so far as it would be possible with the data, is beyond the limits of 
this paper. But it should be noted that in addition to the regular 
staple and exchange of commodities at the quarterly marts in Ham- 
burg, there was a well-established transit trade : the Adventurers 
were frequent attendants at the marts in the cities of upper Ger- 
many. A writer on Hamburg of the period says, "great quantities 
of all kinds of British goods go from hence to the different fairs, which 
are held three times every year at Frankfort on the Main, — Frank- 
fort on the Oder, — Leipsic and Brunswic, — they are subject to a 
small duty on entering the town." 3 

'Baasch, Forschungen zitr Hamlntrgischen Handelsgescliichte, (Hamburg, 1902) 
09. Cf. also Baasch, Zur Gescliichte des Ehrbaren Kaufmanns in Hamburg, Hamb. 
Geschichts Verein, 1S99. Dr. Baasch considers the probability of finding statistics on 
the trade of the society outside of its own records very slight. The exemption from the 
convoy duties paid by others shuts off what would otherwise be an excellent source. 
The records of the port of London should prove a fruitful source for the student of this 
phase of the society's history. 

2 Ehrenberg, Hamburg und England im Zeitalter der Konigin Elizabeth. 

3 A Sketch of Hamburg, etc., by an English Resident (Hamburg, 1801), 92. Cf. 
also Article 24 of the contract of 1 618. 

2 74 W. E. Lingelbacli 

The center about which the life and activities of the Adventurers 
Society at Hamburg moved during the entire period of their resi- 
dence there was the well-known " English House " ' on the Alte 
Groningerstrasse, near the heart of the old city, in the immediate 
vicinity of the Grimm, from which the English-Holland post left 
regularly on Tuesdays and Fridays. The large building with its 
fine facade 2 (No. 42, Groningerstrasse) had been built in 141 8 by 
the " Raths Familie von Zeven." It occupied the whole length of 
the Neue Groningerstrasse, extending back the entire block to the 
Katherinenstrasse. A passageway through the house, much fre- 
quented, joined this street to the Alte Groningerstrasse. In 1570 
the RatJi bought the house for 10,500 marks and handed it over, 
free of charge, to the society. This spacious building, with its ex- 
tensive premises, the large halls, many smaller apartments, and num- 
bers of adjoining buildings suitable for pack-houses, was admirably 
adapted to the needs of the society. In the middle of the building 
on the ground floor was a large hall, which served as the court- 
room, not of the Hamburg residence only, but of the entire fellow- 
ship, adventurers from London, Newcastle, York, Hull, etc., being 
either there in person during the martly sessions of the court, or 
else represented by factors 3 ; after the date of the removal of the 
chief court to Hamburg from Holland 4 all questions of moment 
concerning the general affairs and policy of the society were discussed 
and settled by the Hamburg court. The society's relation to the 
politics and trade of England, the policy to be pursued toward the 
Empire and the Hanseatic League, the rules and government of 
trade, as well as the special relations with the city of Hamburg, 
and the government of its members — these were all matters that 
occupied the sessions of the court in the " English House." Not 
infrequently, especially during the years of civil war and dissension 

1 Many interesting facts concerning the house are found in the papers of the Ham- 
burger Staatsarchiv, CI. VI., No. 2, Vol. 5, Fasc. I, Invol. 14, 15. On the basis of 
this material Professor H. Hitzigrath contributed a short article on "Das Englische 
Haus in der Groningerstrasse und der Boselhof an der Englischen Planke " in the Ham- 
burger Correspondent, 1901, Nos. 460, 461, and 464. 

2 Burgon in his Life and Times of Sir Thomas Gresham, opposite p. 321, gives a 
picture of the English House at Hamburg. 

3 Lawes, Customes and Ordinances, Chap. 8, fol. 155, " Translations and Reprints," 
N. S. II. 179 ff. 

4 I have not come upon the exact date when the fellowship transferred the " highe 
court " to the residence at Hamburg. As late as 1601, when Wheeler wrote his Trea- 
tise of Commerce, it was still at Middleburg. It is altogether probable that the removal 
of the Holland residence from Middleburg to Delft in 1621 marks the decline of the 
Dutch residence to the subservient position of a "court of associates." 


The Merchant Adventurers at Hamburg 275 

in England, the court experienced stormy days. 1 In 1649 a suc- 
cessful attempt was made by a number of Stuart sympathizers to 
spirit away the court-master, Mr. Isaac Lee, and several others of 
the company. They were rescued off Heligoland, only after a vig- 
orous fight, by other members of the society and some twenty 
soldiers hurriedly put aboard a vessel for the chase. 2 

On the second floor of the house, to the front, was the beautifully 
decorated chapel, sometimes called the " English Church," which 
served till 1806 as the only place in the city where services were 
held in English. 3 The free exercise of their religion was, however, 
granted very reluctantly by the Senate, for on the occasion of their 
first settlement in Hamburg the Adventurers were enjoined under 
penalties against practicing the religious rites of the church. 1 They 
were to partake of the sacrament according to the Lutheran fashion 

!The residences of the Adve.nturers at Hamburg and Rotterdam respectively reflect 
in an interesting way the great struggle between the two opposing political forces at 
home. Long before the Civil War really began, strenuous efforts were made by both 
parties to secure the control of the society. Cf. the numerous entries in Calendar of State 
Papers for this period. The popular cause was successful, the irregular levies upon com- 
merce by the first two Stuarts not being likely to secure for them the patriotic support of 
the Adventurers. 

2 The stanch support by the Adventurers of the cause of Parliament made the resi- 
dences at Hamburg and Rotterdam the object of repeated attacks on the part of the Roy- 
alist agents. The details of the affair alluded to above and the events leading up to it 
are found in the Record Office, Hamburg Correspondence, For. 1649-1650. A spirited 
account is also found in Janibal's Hamburgische Chronik. 

3 After the dissolution of the residence, the English in Hamburg remained without a 
suitable place of worship till the erection of the present English church. Cf. Ham- 
burgh Complaints, Enclosure in No. 2. The following reference is not without interest : 
"There is also an English Chappie near the Exchange, where an English clergyman 
preaches every Sunday, but it is not greatly frequented ; the english on a Sunday more 
commonly congregating in Reinvilles' gardens on the banks of the Elbe about two miles 
distant from Hamburg," Sketch by an English Resident, II. Another side appears in 
the following extract from a letter from Emanuel Mathias from Hamburg in July, 1757 : 
"Her Royal Highness the princess Hereditary of Hesse-Cassel was last Sunday at the 
English Chapel, and heard the service performed by the Rev. Mr. Murray, Chaplain to 
the Factory ; and in order to prevent any disturbance which be made on account of the 
great numbers of persons which gathered together for to see Her Royal Highness, a 
guard of six grenadiers was readily granted upon the application of the Deputy Governor 
of the Company and myself. ..." Record Office State Papers, For. 1757, No. 71. 

4 Article 14 of the contract of 1567, in Kervyn de Lettenhove, VI. 20, cites a 
memorial of the English at Hamburg to the home government, in which they complain 
of the lack of toleration and of the hostility of the Hamburg clergy : " The pastors here 
hate all religions save their own." On the occasion of the death of one of them during 
the company's first residence at Hamburg great difficulty was experienced to procure a 
suitable burial. The person whose death is meant, Ehrenberg suggests, was Sir Richard 
Clough, first governor of the fellowship at Hamburg, concerning which Clough's com- 
patriot writes : " At Antwerp, for a time He liv'd renown'd ; but ah, in Hambro' (The 
North country, alas that he went there!) How was the object of our love, our head, 
Our Forest's pride and ornament, cut down ! ", Burgon, Life and Tivies of Sir Thomas 
Gresham, II. 368. 

276 TV. E. Lingclbacli 

or else abstain altogether. They were under no consideration to 
disturb the teachings of the Lutheran church, or attempt in any 
manner to spread the doctrine of Calvin or Zwingli concerning the 
Last Supper, or attempt any other religious innovation. Neverthe- 
less liberty of conscience was allowed them, and they might or 
might not attend the Lutheran church as they saw fit. 1 These 
restrictions were gradually waived in practice, and in the later privi- 
leges'entire freedom of worship within the House was granted the 
society. 2 During the middle period of the seventeenth century the 
organization of the church was apparently Presbyterian, with elders 
and a consistory. 3 Later the form of worship became again that of 
the Church of England. 4 

Other parts of the English House consisted of "the houses for 
the governor, secretary, the housekeeper and beadle," 5 the chap- 
lain, the rooms for the common tables, 6 and the free hosts' booth 
for the sale to Adventurers of English beer and ale, which the 
society could import free of duty. Of the good cheer of the soci- 
ety's host there is abundant evidence. In 1674 Greflinger writes 
in his account of Hamburg : " Nun bin ich fast mude. Wir wollen 
zuriick nach dem Englischen Hause da die Englische Court ist, und 
hier durch noch dem VVein Keller, dasselbst zuvor einen Kuhlen 
Trunk vom Englischen Bier zu uns nehmen, und darauf in des 
Rath's VVein Keller." 7 

The position of the society at Hamburg was very much that of a 

'Cf. Article 14 of the contract of 1567. The privileges are reprinted from a Latin 
copy in the Liibecker Staatsarchiv, Anglicana, IV. a, by Ehrenberg, Hamburg und 
England, appendix 2. 

2 Cf. Article 19 of the privileges of 161S. 

3 Fernow, Hamburg und England im ersten Jahre der Englischen Republik 
( Hamburg, 1897), 10, note 2. In 1650 Cromwell's son-in-law, Bradshaw, who was for 
some years deputy at Hamburg wrote, "here be some could wish those formalitys were 
laid aside and the power of godliness more pressed," Sixth Report of the Hist. MSS. 
Com//!., appendix, 433. Some interesting facts over a disputed election of deacons and 
elders at Delft are found in Br. Mus. Addit. MS. 6394, folio 48. 

4 Compare " Englisches Kirchenbuch," No. 2 and No. 3 described above, page 266. 
3 Hamburgh Complaints, etc., 9; also the following in Otto Sperling's Chronik for 

January 26, 1688 : " Der Courtmaster im Englischen Hause, der die ganze hiesige En- 
glische Nation regiert, ihren Sachen vorsteht, sie in ihren differenzen richtet und ver- 
gleicht, und ein grosz Salair bekommet." In a volume of 1712 entitled Jetzt Belebtes 
Hamburg is given a list of members of the " Englische Societat," in which is the fol- 
lowing : " Rave Emmerson, Englischer Prediger wohnet im Englischen Hause.'' The 
court-master, William Foxley, on the contrary, "Wohnet in der Catherinen Strasse." 

6 According to John Taylor's account in 1616 all the unmarried members of the 
society had their meals in the House. Cf. also "Translations and Reprints," Penna. 
N. S. II. 98, " the tables generallye." 

7 Georg Greflinger's Reisehandbuch und Beschreibungen von Ham- 
burg im Jahre 1674. Cf. Zcitschrift des Vereins fur Hamb. Geschichte, IX. 137. 

The Merchant Adventurers at Hamburg 277 

"State within a State," and their independent and exclusive atti- 
tude made the Adventurers the object of envy and dislike to nu- 
merous classes of citizens. During the first sojourn of the society 
at Hamburg religious differences were, as we have seen, added to 
others more commercial in character. For the Hamburgers did 
not at any time look upon the presence of the English as entirely 
advantageous to themselves, even from the standpoint of the city's 
economic interests. That there were substantial material advan- 
tages is undoubted ; the customs revenues increased, many indus- 
tries and interests connected with the English cloth-trade flourished ; 
prices, rents, and the value of real estate rose with the concourse of 
other foreigners attracted by the English trade. 1 But over against 
these were the discriminating monopoly rights of the fellowship, 
destructive to all competition in the trade with England ; the crip- 
pling of the city's cloth industry, then in its infancy ; and the 
haughty, overbearing attitude of the English merchant. He is 
described as " herrische," " anmassend," and " stolz " — character- 
istics well calculated to arouse the dislike of the Hamburg traders, 
especially when the antipathy thus aroused was further emphasized 
by an unfriendly policy on the part of the English government." 

Complaints against the company were numerous, sometimes 
even threatening to bring about the abrogation of the privileges. 
In 1674 this hostility found expression in the " Windischgrazer 
Recess," the thirty-fourth article 3 specifying that the Senate take 
steps to dissolve the contract with the English court, and regulate 
the " Nation " in such manner as to prevent the English from de- 
priving the native merchant of his trade and livelihood. Nothing 
came of these demands, and the society continued its activities, 
securely entrenched behind the rights secured it by its contract. 1 

Nor does there happen to have been any serious design on the 
part of the Senate to set the contract aside ; its terms were faithfully 
respected by the city despite the occasional attacks upon the 
society. Indeed throughout the entire period of its residence at 
Hamburg the society received courteous and often remarkably 

1 Ehrenberg, Hamburg tend England, 125 ff. 

2 Reichard, Die maritime Politik der Habsburger im iy'" 1 Jahrhundert (Berlin, 
1 867 ) , 58 et passim . 

3 Hamburger Staatsarchiv, Engl. Court, CI. VI., No. 2, Vol. 5, Fasc. I, Invol. ic. 

4 The independent attitude of the Adventurers in regard to complaints by the 
burghers appears frequently. On one occasion when they were accused of selling woolen 
cloths at retail and of serving wine and beer to others than themselves, the court replied 
that it alone had jurisdiction over its members in civil matters, and if any of them had 
done anything worthy of punishment, the society was ready to proceed against them, as 
it had done on former occasions. Ibid., Invol. id. Also Extraclus Protocolli Senatus 
//amburgiensis, Alartis, d. 17, 1674. 

278 If. E. Lingelbacli 

favorable treatment at the hands of the Senate. The court-master 
was the guest of the city on public occasions. At the famous 
Matthia-Mahl he always occupied the place of honor next the 
Dutch ambassador, the only guest above them being the imperial 
resident at Hamburg. 1 He was always addressed as " Herr," and 
waited upon and congratulated by a deputation from the Senate on 
taking office. On the occasion of the Matthia-Mahl alluded to 
above, it was the duty of the youngest senator to call for the gov- 
ernor in a state carriage. Twice a year he was substantially re- 
membered by the Senate with gifts of wine and beer. 2 On the 
other hand, the Hamburgers were most careful to guard against 
further concessions to the English. In 1696 the request of the 
court to be admitted into the Commerz Deputation, or at least to 
participate in its meetings when matters of interest to the society 
were being- discussed, met with a firm refusal, notwithstanding the 
fact that many non-burghers were admitted. 3 Nor would the condi- 
tions of the eighteenth century have justified any other course. 
During that period the society gradually declined 4 till it had lost 
nearly all those features upon which the original grant of privileges 
had been made, and it is matter of surprise that the Senate did not 
insist on the dissolution of the agreement long before the combina- 
tion of circumstances growing out of the French wars left them no 
other choice. 

This change is strikingly apparent in the decline of the character 
of the society's membership. In the seventeenth century the Adven- 
turers were a numerous, experienced, wealthy, and influential body 
of merchants, 5 the foremost men of England's commerce, and in 
many instances leaders in her political life as well. 

1 Cf. Otto Beneke, Hamburgische Geschichten und Denkwurdigkeiten (Hamburg, 
1S56), 3jO- 

2 In the extracts " Aus alten Commerz Notizen " for 1725, Hamburger Staatsarchiv, 
CI. VI., No. 2, Vol. V., Fasc. 1, Invol. 10, occurs the following : " Was der Englische 
Courtmeister alle Jahr von der Stadt bekommt. Auf den 20 April, 40 Stiibchen Wein. 
2 Tonnen Hamburg Bier. 1 Grossen Stour. Auf den 28 Juny, 40 Stiibchen Rhein Wein. 
2 Tonnen Hamburg Bier. I Lachs. Welches der Schenk im presentirt." 

3 Baasch, Zur Geschichte des Ehrbahren Kaufmanns in Hamburg, 33. 

4 This appears in many ways. Of interest is the society's own statement in 1729. 
In that year the Commerz Deputation brought it about that the Adventurers were asked 
to pay the " Auktions-Aufgabe," a small assessment for the maintenance of the poor. 
The society expressed its willingness, but on the condition that the proceeds thus arising 
should be paid to their own poor, " since they too had many poor people of their nation 
then, and the court was no longer as strong as it had once been (Massen sie auch viele 
arme leute unter ihrer Nation hatten, und die Court jetzo so stark nicht mehr ware als 
dieselbe vorhin gewesen)." Hamburger Staatsarchiv, Engl. Court, CI. VI., No. 2, 
Vol. 5, Fasc. 1, Invol. 7 ; also Baasch, Forschungen zur Tfamburgischen Handelsge- 
schichte, III. 82. 

5 Wheeler, A Treatise of Commerce, 19, 57. Cf. also Transactions of the Royal 
Historical Society, XV. 18 IT. 

The Merchant Adventurers at Hamburg 279 

In the mart seasons these merchants, or their factors, were 
present in the staple town on the continent, and since Hamburg 
became early in the century the great emporium of the Adventurers' 
trade, the residence there was remarkable both for the extensive 
interests represented and for the character of the merchants them- 
selves. But with the overthrow, by the Statute of 1688, of the 
society's exclusive right to export the great woolen manufacture, the 
Adventurers gradually found their trade disintegrating and much of 
it falling into other hands. The woolen cloth export being thrown 
open to all who wished to participate, and the compulsion to ship 
only to the mart-town or towns of the fellowship also being re- 
moved, the reason for joining the society and trading under its 
direction and protection no longer remained. 

As a consequence the membership declined ; new members are 
infrequent, and for most of the eighteenth century the number of 
members of the society residing in Hamburg is about the same year 
after year. 1 Only eighty-one members in all appear for the entire 
period from 1722 to 1806. But what is even more significant is 
the fact that certain family names occur very frequently ; six of these 
account for twenty-seven out of the eighty-one names. Member- 
ship in the court seems to have become very much a matter of 
family, the, additions to it being usually from among those entitled 
to the freedom by their father's right, that is, by patrimony. Ad- 
mission through the long and arduous term of seven-year appren- 
ticeship or even by the easier though more expensive way of paying 
the ,£200 demanded in the seventeenth century was apparently no 
longer the rule. 2 Honorary membership was still customary. 
Diplomatic agents and plenipotentiaries at Hamburg continued ac- 
cording to old custom to be received into the fellowship. In 1757 
Philip Stanhope writes to the government, " I have lately been re- 
ceived with the accustomed forms an Honorary member of the 
Society of Merchants Adventurers here." As late as 1805 Sir 
Edward Thornton, minister to Lower Saxony and the Hanse towns, 
in a letter to Lord Mulgrave speaks of the deputation from the so- 
ciety to congratulate him on the occasion of his appointment and 

1 The following table by decades shows an average membership of less than twenty 
for the eighteenth century : — Adventurers resident in Hamburg: 1722,20; 1732, 18; 
1742, 18 ; 1752, 19 ; 1762, 18 ; 1772, 20 ; 1782, 18 ; 1792, 21 ; 1802, 17 ; 1806, 15. 
A complete list of the members of the society for this period can be worked out from the 
Church Registers, the Ha?nburger Staals /Calendar, and Jetzt Belebtes Hamburg In the 
century before it was considerably larger. In Thurloe, State Papers, IV. 766, is a state- 
ment of the vote on the question of Richard Bradshaw and the deputyship. in which 
fifteen voted for and twenty against Bradshaw, thirty-five being present to vote. 

2 For the regulations governing admission to the fellowship see The Laives, Customer 
and Ordinances, Chap. II., " Translations and Reprints," N. S. II. 34-52. 

2 So IV. E. Lingelbach 

arrival, and to offer him "the freedom of their Society," which, he 
goes on to say, " is to be presented to me on the 29th of this 
month." ' In former years the ambassador at the mart-town was 
usually an active member of the society, often its governor, and in 
that case played a very important role in its affairs. Among the 
governors ~ of the later period there are no men of this position. 

The list for the eighteenth century contains no names corre- 
sponding to those of the earlier years when Caxton, Gresham, 
Clough, Bradshaw, Packe, etc., were the guiding spirits of the so- 
ciety. The court-master at Hamburg for this period is spoken of 
as deputy, not as governor — a fact of some significance for the 
question of the relative position of the Hamburg court for the late 
period. Indeed there seems to be every reason to look upon this 
court in a sort of twofold capacity : first, as the court of those 
English merchants who were members of the society residing in 
Hamburg, that is, a court of associates ; second, as the general 
court of the fellowship, or court of assistants, which would meet 
mi the occasion of the marts, and would naturally be composed of 
the adventurers attending the mart, regardless of their permanent 
residence. During the late period of the Adventurers' history, the 
governor of the fellowship was usually not resident abroad. 

Among the chaplains 3 of the court for the early seventeenth 
century was Thomas Young, the friend and tutor of Milton. Of 
the secretaries a number of persons are worthy of note. Belong- 
ing to the time a little later than Young was Samuel Misselden, the 
well-known writer on matters of trade for this period. Another in- 
teresting figure occupying this post was the German patriotic poet 
and writer, Frederick Hagedorn, secretaiy from 1733 to 1754, re- 
ceiving for his services, his biographer tells us, a salary of ^100 
per annum and free lodging. The last secretary was John Coleman 
(1793— 1807), who was also secretary to the English embassy. The 
names of the other servants of the residence, with a number of in- 
teresting facts as to salaries, appear in the copies of the treasurer's 
statements preserved in the Hamburg city library. In the report 
for 1793— 1794, besides the chaplain and secretary, with salaries re- 
spectively of ^"200 and 1,200 marks, there are the beadle with sal- 
ary of 600 marks, the organist with 400, the huntsman with 60, 

1 Record Office State Papers, For. Hamburg No. 28, letter of June 4, 1S05. 

2 Hamburger Staatsarchiv, Engl. Court, CI. VI., No. 2, Vol. 5, Fasc. I, Invol. 2 ; 
the Church Hooks and the Staats /Calendar. 

3 An interesting paper entitled " Die Capellane der Englischen Court " appeared in 
the Zeitschrift des Vereins fiir Hamburgische Geschichte, II. 649. Cf. also Lappen- 
berg, ibid., I. 31 1. 

The Merchant Adventurers at Hamburg 281 

and the bellows-treader with 30 marks. 1 The salaries of the secre- 
tary and the chaplain seem to vary, the treasurer's statement made 
in December, 1800, debiting the former with ,£300 and the latter 
with 1,800 marks for the previous twelvemonth. 

But apart altogether from these incidental facts, the treasurer's 
reports contain material that reveals much more of the real status 
of the company at that time. For a thorough analysis of any one 
of these this brief study would afford inadequate space. The re- 
port covering the Sinxon and Balm Marts, 1804, and the Cold and 
Pasche Marts, 1805, 2 briefly summarized, gives the following debit 
items : Balance from the account of Mr. John Blacker, passed 
treasurer, 22,035.5 marks; impositions and fees, 14,740.7 marks ; 
bequest money, 84,402.8 marks ; and interest, 5,6 19.7 marks ; total, 
126,797.11 marks. The credit items are stipends, pensions, and 
fees, 11,130.8 marks; charges ordinary and extraordinary, 8,145.13 
marks ; bequest money, 69,965 marks ; balance to be paid to the 
Worshipful Mr. Wm. Alexr. Burrowes, p. t. treasurer, 37,556.6 
marks; total, 126,797.11 marks. 

The report is made by John Thornton and properly certified to 
by the four auditors of the fellowship. Among the " charges ordi- 
nary and extraordinary" are a number of items of interest. The 
rent and fees of the bowling-green are 332 marks, repairs 4,413.7^ 
marks' and a dinner given there 1,340 marks, on which occasion 
the expense of 130 marks for " drummers and trumpeters" was 
probably also incurred. To the student of the Merchant Adven- 
turers, however, the remarkable entry of the report is that for 
"William Agar, Secretary at York, a year's salary, £\o." This 
would point to a relationship between the court at York and the 
court at Hamburg for a period hitherto quite unsuspected. The entry 
is of further importance because of the suggestion it offers in regard to 
records of the society at York, as also of the probability of the con- 
tinuance at that place of the local organization even after the disso- 
lution at Hamburg. A more general survey of the report reveals 
a marked change from the earlier commercial and political activities 
of the society. The absence of all indications of extensive business 
operations on the one hand, and the presence of numerous entries 
pertaining to the church and to the bowling-green on the other, 
serve to emphasize how changed in character the society had 
become since the days when large sums were expended on pleni- 

1 Hamburger Staatsarchiv, Engl. Court, CI. VI., No. 2, Vol. V., Fasc. I, Invol. 
19. That there were numerous other servants of the society, especially for the earlier 
period, appears constantly. Others mentioned in a document in the Hamburg library 
are the court-tailor, matron, brokers, and packers. Ibid., Invol. 2. 

' l Ibid., Invol. 19. 

AM. HIST. REV., VOL. IX. — 19. 

282 TV. E. Lingelbach 

potentiaries to the Diet of the Empire, on the reception and enter- 
tainment of guests of high standing, or contributed toward the ex- 
penses of " the Royal Navy " and " The Army in Scotland." J 

But a more active agency in the overthrow of the society at 
Hamburg than its own internal decay made its appearance in the 
latter half of the eighteenth century. Ignorant of the true state of 
the English company and of its affairs, and judging it chiefly bv the 
prestige which still remained from its former greatness, the French 
frequently endeavored to induce the Hamburg Senate to proceed 
against the English society. The Senate was importuned to grant 
the establishment of a French company " with the same privileges 
as those so long enjoyed by the British Society of Merchants." 2 
The instructions to the French agent from his government in regard 
to the embargo on the commerce of the Elbe in 1761 declare, "the 
establishing of such a company, the court of France has had in view 
for a long time, and for which purposes it has caused proposals to 
be submitted by the late M. Poussin and to be continued although 
without success by M. de Champeaux." 3 

But though the Senate could resist the diplomatic encroach- 
ments of the French government in the eighteenth century, it was 
soon to find itself powerless to withstand the imperative orders of 
Napoleon. While he was formulating for himself the plans for the 
destruction of British commerce, Napoleon naturally remembered 
the intimate relations between Hamburg and England. He be- 
lieved that there were great numbers of Englishmen 4 resident at 
Hamburg, and he looked upon the city as the ally of the enemy. 5 
It was therefore to be expected that he would give special atten- 
tion to Hamburg. On November 19, 1806, Marshal Mortier with 
a body of six thousand French troops occupied the city in the 
name of the Emperor, and in accordance with detailed and definite 
instructions " from Napoleon he proceeded at once against English 

1 Mere again it should be remembered that some of these matters, as for example 
the heavy loans to the government, in all probability would not always find their way 
into the financial statement of the society's treasurer, since they frequently concern the 
Adventurers as individuals and not the company in its corporate capacity. For the rela- 
tions of the Adventurers to the finances of the government see the index to the Calendar 
of State Papers for the reign of Elizabeth and the first half of the subsequent century. 

2 Letter from Lord llute in answer to Mr. Mathias, July 28, 1761. Record Office 
State Papers, For. 1 761, No. 74. 

:l Ibid. 

1 Hamburgh Complaints, Enclosure in No. 8, Appendix G. Cf. also Hitzigrath, 
Hamburg und die /Continental Sperre (Hamburg. 1900). 

'■' In the order by the French to value and confiscate all goods at the Leipzig Octo- 
ber " Messe " in 1806, the chief motive ascribed for the act is the fact that Leipzig was 
well known as one of the principal emporiums for English wares, and therefore a dan- 
gerous enemy of France. Correspondance de A'apolcon /''', XIV. 17. 

"AW., XIII. 542. 

The Merchant Adventurers at Hamburg 283 

commercial interests. At his express command the Senate on 
November 21 published an order that all British goods should be 
seized ; that all bankers and merchants in the possession of moneys 
or goods derived from English manufactures, regardless of whether 
they were the property of Englishmen or not, declare such in writing 
within twenty-four hours. To insure honest declaration a house-to- 
house search and military execution was threatened. Six days later, 
November 27, the Senate published the Berlin Decree with a num- 
ber of interesting articles of its own providing for the carrying out 
of the decree. 1 

The third article of the order decreed the arrest as prisoners of 
war of all Englishmen : " Every individual who is an English sub- 
ject, of whatsoever state or condition he may be, who shall be found 
by our troops or the troops of our allies in the countries occupied 
by us, shall be made a prisoner of war." 

Following immediately on the publication of the order of No- 
vember 2 1 , 

"the houses of the different members were surrounded by military force. 
Several officers entered the same, sealed the offices as well as the ware- 
houses, placed sentinels before them and brought away the following mem- 
bers 2 : Mr. Governor Blacker, Mr. John Blacker, Mr. John Thornton, 
Mr. George Smith, Mr. W. A. Burrowes and Mr. Secretary Coleman, con- 
veying them on foot, under military escort, to the chief of staff, General 
Gaudino, who, after having identified their persons, informed them that 
by order of the Emperor, they were prisoners of war and as such they 
might expect shortly to be transported to Verdun." 8 The prisoners pro- 

' The proclamation of the Berlin Decree with the articles appended by the Senate 
affords an admirable illustration of the manner in which the Continental System was in 
troduced throughout the continent. The following is the form in which it was interpreted 
and given to the Hamburgers by the Senate : " Publicandum. — In pursuance of a note 
received by the states of Lower Saxony from his Excellency the Imperial French ambas- 
sador, the venerable and esteemed Senate is moved to make known through the present 
proclamation to the public for its information and observance the dispositions of the 
Imperial Decree of November 21 of this present year." Then follow the eleven points 
of the Decree declaring the British Isles in a state of blockade, etc. Signed by Napoleon. 

Appended to it is the following order by the Senate, dated Hamburg, November 27, 
1806 : " In pursuance of the above-mentioned regulations and order, the right worthy 
Rath orders as follows : I. All burghers and inhabitants of this city must, within the space 
of forty-eight hours, make an accurate report of all colonial wares emanating from English 
colonies or belonging to Englishmen or to subjects of England. 2. All correspondence 
with England ceases entirely. 3. No Englishman will be permitted to come to Hamburg 
or to remain in Hamburg. 4. No English post and no English will be permitted to 
come to Hamburg or to pass in transit. 5. No vessel coming from England or having 
entered there shall be permitted to enter the harbor at Hamburg. 

The reports ordered in the first article are to be made to the ' Herrn Inspecteur 
aux revues Bremond ( Groninger-Strasse, No. 66).' " 

2 The consul, Sir Edward Thornton, together with the majority of the English, had 
taken the precaution to leave before the arrival of the French. Cf. the entry of the 
Church Register, cited above, page 266. 

3 Napoleon's intention to make Verdun a sort of camp for Englishmen captured on 
the continent is well known. 

2 84 W. E. Lingelbach 

tested, representing that they were under the immediate protection of 
the city and entitled by agreement to the same rights as the burghers, but 
all to no purpose. On the 22nd they were allowed to return to their 
homes on giving their word of honor to remain within the city and ap- 
pear when called for. Each member however, was given a special 
guard who kept a strict watch over all his actions, " a measure of pre- 
caution as oppressive as it was humiliating to men of honour." 1 

They were ordered to complete the inventory and declaration 
of their goods. An official statement was transmitted to the Senate 
in which the whole was valued at 420,000 marks banco — ,£35,000 

In the meantime they appealed to the Senate, by whom Syndic 
Van Sienen was appointed a special representative to confer with 
the Adventurers. But before anything was done for them the situ- 
ation suddenly took a turn for the worse. General Mortier had 
left the city, and on December 7 his successor, General Laval, trans- 
mitted to the prisoners an order to set off on the ninth for Verdun, 
under military escort. Desperate efforts were made to avert this 
necessity. A delay in the execution of the order till the fourteenth 
was secured through the good offices of the French Minister, Bour- 
ienne, 1 who finally informed them " under his personal responsi- 
lity " that they might ignore the written order to depart for Ver- 
bidun, and defer their journey until further orders. They were also 
relieved of the inconvenience of being constantly attended by a 
guard, and at Bourrienne's suggestion applied to the Senate, " re- 
questing them to guarantee the value of the goods contained in the 
warehouses belonging to the Factory " in order to induce the 
French authorities to remove the seals. The request was made, 
but the Senate was not at all anxious to grant the security. When 
the guaranty was finally furnished and the seals taken off the ware- 
houses, the members were called before a committee of the Senate 
and obliged not only to promise to keep their goods at the disposal 
of the Senate as a security for the sum guaranteed, but also to fur- 
nish additional security in case the sequestered goods should prove| 
deficient in value. 

During the three months that followed the members were leftj 
in comparative tranquility. They were allowed to open their ware- 
houses and dispose of all goods " not proved to be of Englisli 
manufacture, or produce of their colonies." About the middle 01 

1 Narrative of Proceedings against the Company of Merchant Adventurers of England 
residing in Hamburgh, in consequence of the occupation of that city by the Frenclj 
Troops, in the year 1806. Hamburgh Complaints, Enclosure in No. 8, appendix G. 

2 An article is announced by the editors of the Revue Historique for the November-J 
December number on " Le role de Bourrienne a Hambourgh," by G. Servieres. 

The Merchant Adventurers at Hamburg 285 

July, however, Bernadotte, Prince of Ponte Corvo, succeeded to 
the command at Hamburg. On August 13 the members were 
asked by the French commissary, M. Ricard, for facts concerning, 
not merely the relation of the French authorities to the factory 
during the occupation, but also " the most material points of con- 
nexion existing between the Factory and the town." The informa- 
tion was promptly furnished, and all apprehension was allayed by 
the assurances of M. Ricard. They were greatly surprised, there- 
fore, when on August 20, "late at night," they received an official 
letter from M. Ricard stating that by order of the Emperor and in 
conformity with the intentions of Bernadotte the members were 
immediately to give up the title of a British factory and break off 
every commercial communication or connection that might subsist 
amongst them ; that they were to give a decisive reply, in the course 
of twenty -four hours ; make an early application to the Senate, de- 
claring their renunciation of the title and privileges of a British fac- 
tory ; and request from the Senate the publication of a decree to 
this effect. 1 Unable to make any resistance, they accepted the sit- 
uation, and presented a memorial to the Senate on August 24 re- 
questing that a committee be appointed to regulate their affairs. 
On August 29 they met in committee and submitted the form of an 
act of renunciation, after having received an order on the previous 
day from the Prince that the act must be furnished within twenty- 
four hours. 

After much haegling with the committee of the Senate, an 
agreement was reached and handed to the French authorities, by 
whom it was returned as unsatisfactory. The same fate befell the 
second agreement, notwithstanding the fact that the Senate had on 
August 3 1 made public a decree accepting it as the final act of 
renunciation. It was returned on September 1, Bernadotte object- 
ing to the expressions of the act that implied that the renunciation 
was due to orders from the Emperor. He insisted that it be made 
to appear as the uninfluenced wish of the factory and not as an act 
of compulsion. " To this humiliating step the members were obliged 
to consent, and the same act having been passed by the Senate in 
its new prescribed form on the 2d of September, it proved at last 
satisfactory to the French authorities." 

The act of renunciation of the residence having thus been agreed 
to by all the parties, it still remained to settle upon the exact terms 

1 It is difficult not to suspect some understanding between the Hamburgers and the 
French. The Senate feared that it could not set aside the contract of its own accord 
without incurring the displeasure of the British government. The occupation of the 
French afforded an excellent opportunity to secure the desired result and at the same time 
to shift responsibility. 

286 W. E. Lingelbach 


of the agreement, as well as to determine upon the standing of the 
old members of the society. On September 4 the latter "yielded 
to the pressure of circumstances " and became citizens. The final 
settlement of the factory's interest was not reached, however, till 
April 20, 1808. The agreement 1 then entered into provides in 
generous terms for the surviving members of the court as well as 
for all those associated with it as servants. " Officers and servants 
of the former court, and their widows not engaged in trade," are per- 
mitted " to live under the protection and jurisdiction of the city, 
without further arrangement, and without the payment of taxes and 
contributions." Surviving members of the society are exempted 
from all military duties and civil offices, and in all cases not expressly 
provided for they are to enjoy the same rights and duties as citizens. 
For the surrender of all claims upon the property 2 of the court, the 
Senate guarantees to pay 80,000 marks banco (about ,£6,000), also 
23,500 marks banco to secure the reversion of the grounds of the 
bowling-green and the house built thereon by the society in 1770. 
Further, in consideration of the fact that the English House had 
become the property of the city by the act of renunciation in 1807, 
" the keys of the entrance and of the principal building having been 
given up," the Senate grants " that the former Court-master, Mr. 
Joseph Blacker, shall have his house rent free during his own life 
and that of his wife " or the yearly compensation of 15,000 marks. 
Similar provision is made for the secretary, Mr. Coleman ; the 
beadle, Mr. Daniels ; and Jean Smith, the housekeeper, 1,500 marks 
being guaranteed the secretary annually after he vacates the house, 
and 400 each to the others. And lastly on the representation of 
the members of the court that by the dissolution of the society " the 
sources from which the salaries of their attendants had hitherto been 
drawn were entirely cut off," the Senate engaged in the name of the 
city to pay from the following Easter for an indefinite time the fol- 
lowing salaries and pensions 3 : the yearly salary of the former 
secretary, 3,000 marks ; of Beadle Daniels, 600 marks ; of the 
former bellows-blower Gurgens, 60 marks ; the pension of Mrs. 
Ross, 400 marks; the pension of Mrs. Benin, 360 marks ; the pen- 

1 Agreement between the resident members of the English Company and the Senate 
of Hamburg, April 20, 1808. Hamburgh Complaints, Enclosure in No. 8, Appendix H. 

2 From the report of the commission concerning the factory at Hamburg, in 1824, it 
appears that this was in the form of obligations upon the city treasury. Hamburgh Com- 
plaints, Enclosure No. 8. 

3 By the clause immediately following the Senate reimbursed itself by stipulating that 
the obligation of 23,500 marks for the bowling-green should not be enforced so long as 
any of the pensions continued, and that the interest was to be applied on the payment 
of the pensions. 

The Merchant Adventurers at Hamburg 287 

sion of Mrs. Hammond, 200 marks ; to the organist in full of future 
demands, 400 marks. 

The personal property of the court was given for safe-keeping 
to William Burrowes, George Smith, and John Thornton. The first 
received the organ and books of the church, the second the library 
and the church plate, the third the registers and other documents. 1 
Besides this there remained certain bequest moneys 2 bequeathed at 
different times to the society for the encouragement of young mer- 
chants, who were entitled to the use of them without interest. 

In this manner ended an institution that had continued for cen- 
turies, at times with power and splendor, always with dignity. At 
Hamburg the first settlement of the society was effected in the face 
of the most determined opposition of the Hanse League ; the dis- 
solution, the death-blow to its existence in the imperial city, came, 
as we have seen, from Napoleon. In turn the Adventurers were 
obliged to defend themselves against the two most formidable 
enemies of England's commercial ambitions. Against the former, 
represented chiefly by Liibeck as the leader of the Hanse interests, 
they were eminently successful by the beginning of the seventeenth 
century. Against the latter, two centuries later, they had not even 
the strength left to make a vigorous protest. Their organization 
had lost its vitality ; its methods, its policy, were those of a bygone 
age. The society had long ceased to be a determining factor in the 
commercial life of England, but like many other institutions that 
have outlived their usefulness, the Merchant Adventurers Society 
continued an uneventful existence long after its trade, its wealth, its 
power, and its influence had departed. 

William E. Lingelbach. 

1 This would seem a very definite clue to the whereabouts of valuable records, but 
Mr. Thornton had nineteen children, and thus far only the papers in the possession of 
one of these, George Thornton, have been found. 

2 For the nature of these " Bequest Monies " see the chapter on " Bequest Monies" 
in Lawes, Custodies and Ordinances, "Translations and Reprints," N. S. Vol. II. 
136-146. These moneys at the time of dissolution were in the hands of the following 
members: Joseph Blacker, the court-master, £ I, ooo sterling ; John Blacker, 1,000 ; 
John Thornton, I, ooo ; William Alexander Burrowes, I, ooo ; George Smith, 500 ; James 
Sturtevant, 1,500. 



The relations existing between England and America during 
colonial times are full of interest, and perhaps no question is more 
important than that of immigration and subsequent citizenship. 
During the hundred years that preceded the Revolution many for- 
eigners came voluntarily to the English colonies in search of homes 
and by their industry aided materially in the upbuilding of Amer- 
ica, while still others became British subjects as a result of British 
conquest. The political status assigned to them both by England 
and by the colonies has as yet received little attention, and one 
of the interesting and neglected questions connected with the new- 
comers was naturalization. Almost the only discussion of the sub- 
ject is the brief monograph by Miss Cora Start, " Naturalization in 
the English Colonies," ' which outlines the question along political 
rather than legal lines. There is still room to investigate England's 
attitude on citizenship, and the effect of English law and opinion. 
With the purpose of supplementing Miss Start's work and of study- 
ing early English and colonial laws upon naturalization, this paper 
has been prepared. 

Most nations have their era of provincialism, when their life and 
thought is self-centered ; when they regard others as inferior and 
assert the superiority of their own strength. Coming in touch with 
outsiders, they call them barbarians, foreigners, or heathen Only 
by degrees are the barriers of race-suspicion and race-prejudice 
broken down, and many different factors have a share in the 
broadening process. Trade and commerce, war and strife, have 
forced peoples into close contact and compelled them to recognize 
the good in others. Slowly each has learned that no nation 
" liveth unto itself." Toleration has grown and developed as this 
fundamental proposition has been recognized, but real equality was 
not granted until a country was willing to admit into its family life 
those who had been born without its borders. Naturalization has 
been the initiatory rite by which outsiders have been admitted to 
the privileges of the national life, but a long struggle was necessary 
before such privileges were fully recognized and freely given. 

1 Annua/ Report of the Ameritan Historical Association, jSq], ; 17-328. 

(288 ) 

Naturalization in England and the Colonics 289 


In bitter opposition to naturalization has stood the doctrine of 
indelible allegiance which forever binds a man to the flag under 
which he happens to be born. After nations have shown a willing- 
ness to admit foreigners to their fellowship, they have not recog- 
nized any right upon the part of their own subjects to become 
citizens of other countries. With curious reasoning they have wel- 
comed strangers to their fold, while saying that their citizenship 
should hold against all. Even the United States, the foremost 
advocate of individual freedom, has suffered from this conflict of 
ideas. Executive officers have most consistently upheld the liberal 
view, while the judiciary has followed the narrower view of the 
common law as inherited from England. 1 Moreover, the doctrine 
of indelible allegiance is still strong, for original citizenship easily 
reverts even in the present day. 2 Great Britain held steadfastly to 
the above doctrine until 1870. "Once an Englishman, always an 
Englishman " was her watchword, and most faithfully did she up- 
hold it. Thus, in 1703 Attorney-General Northey gave an opinion 
in which he held that if a person was naturalized without the license 
of Her Majesty, that fact would not discharge him from his natural 
allegiance/ and the same principle was again strongly asserted in 
the vEneas Macdonald case of 1745. 1 The mere fact of birth on 
English soil was all that was necessary, and no allowance was made 
for one who had lived and been educated abroad. In fact, personal 
considerations were never permitted to stand in the way, and Eng- 
land's power was used vigorously against those who in any way 
forgot their true allegiance. If English ships were in need of 
crews, and English subjects were found serving aboard foreign ves- 
sels, there was no hesitation about taking them — by force, if nec- 
essary. This annoying procedure was at its worst stage during the 
Napoleonic wars, when neutral rights were completely overridden. 
Then it was that the United States took a stand for the rights of 
neutrals and asserted the principle of expatriation and naturaliza- 
tion. Although brought up in the traditions of England and inher- 
iting her legal ideas, the United States took an opposite view, which in 
time the mother-country adopted. The development of the American 
idea is well worth study, and can be understood only by investigation 
in that period of tutelage and semi-independence, the colonial era. 

1 This conflict of ideas is well shown in the Opinions of the Attorneys General, VIII. 
139-169 ; 2 Cranch 82, note ; Prentice Webster, Law of Citizenship, 74. 

2 The reversion to original citizenship is brought out in the naturalization treaties 
which the United States began in 1867. A comparatively short residence in the land of 
one's birth restores the former status. 

3 George Chalmers, Colonial Opinions, 645. 

4 Foster's Crown Cases, 59. Quoted by Sir Alexander Cockburn in Nationality, 64. 

290 A. H. Carpenter 

Before discussing colonial conditions, it will be necessary to 
learn what ideas regarding citizenship and allegiance the colonies 
inherited from England. All Englishmen coming to America 
brought with them the common law, which in this case rested upon 
the feudal law, whereby every man was attached to the soil and 
owed allegiance to the overlord upon whose land he was born. 
Thus allegiance and citizenship, like family and race, were de- 
termined for the individual by his birth. Personal choice was not 
recognized ; political institutions rested on natural laws. England 
held to that principle without a break until 1350, when she per- 
mitted children that inherited and were born out of the English al- 
legiance to have all the rights of natural-born subjects. It is worth 
noticing that in this respect the United States courts followed 
English principle and maintained the feudal law until 1855, when 
citizenship was extended to persons born of American parents out- 
side of the United States. 

England at first divided the people who dwelt within her borders 
into three classes — natural-born subjects, aliens, and denizens. The 
first two do not need definition ; the last applies to a class of resi- 
dents occupying a position between the other two. Denizenship was 
a status conferred upon an alien by letters patent issued by the 
monarch, whereby the foreigner was enabled to hold lands as well 
as inherit and transmit property to the children that were born after 
denization was granted. 1 These letters were considered matters of 
high prerogative and could be issued only by the king. The 
status thus given bestowed on the recipient a distinct advantage 
which the alien did not possess, inasmuch as the latter could not 
inherit or hold lands, although allowed to have personal property. 
The privileges of denization were very precarious, for they rested 
upon the monarch's will alone, and consequently were apt to be 
withdrawn. There was such a withdrawal of privileges in the time 
of Philip and Mary. One of the laws of the time provided that 
letters of denization that had been granted to Frenchmen since 32 
Henry VHP might be repealed by a proclamation made to that ef- 
fect, and that while the lands of all such denizens might descend to 
their heirs, yet the profits of the lands during the life of the denizen 
should go to the Crown. 2 The same law provided that aliens who 
were licensed to stay in the realm had to give security that they 
would obey the laws. Even in the time of Plemy VHP we find 
laws commanding all foreigners having letters of denization 3 to obey 

1 Ibid., 28. 

2 3 and 4 Philip and Mary, Chap. 6, Stat, of the Realm, IV. 327. 

•''32 Henry VIII., Chap. 16. Ibid., III. 765. See also 21 Henry VIII., Chap. 
16. Ibid., 297. 

Naturalization in England and the Colonies 291 

the laws relating to strangers and aliens. These acts express the 
fear and jealousy of foreigners which seems to be innate in so many- 
nations, and which in English history can be traced back to the 
time of Alfred the Great. 1 

Besides denization there were two other methods by which an 
outsider might enter the British family fold, viz., naturalization and 
conquest. By the former a man was given the rights of a natural- 
born subject ; by the latter his allegiance was changed and he was 
made a subject of England, but he was not necessarily given the full 
rights of one who was born in England itself. The privileges of 
naturalization might be conferred upon a person either by general 
act, applying to a class of people, or by special act, applying to par- 
ticular individuals. The latter was the early method, while general 
laws were a later development. 

It will be necessary to consider the English law of citizenship in 
detail, because some of these acts affected the colonies directly, 
while others, by making a man a citizen in England, affected his 
status in America. It is doubtful, however, if letters of denization 
gave any rights outside of England. We have already seen that 
the first break in the old feudal idea came in the time of Edward 
III., when children of English parents born out of the king's alle- 
giance were given the rights of citizenship. 2 Primarily the law was 
intended for ambassadors' children, and would only touch the 
colonies in case such persons went thither. Another act of Edward 
III. provided that children born beyond the seas in the king's do- 
minions could inherit in England. 3 This was an extension of Eng- 
lish privileges, although by no means a departure from the principle 
of the ancient law, for place of birth was still the all-important 

Thus matters stood until the time of James I., when religious 
qualifications were demanded from all those that were naturalized. 
In the seventh year of James's reign it was declared that naturaliza- 
tion was merely a matter of grace and favor on the part of the 
monarch and should not be bestowed upon any except such as 
were of the established religion of the kingdom : " That no person 
or persons of what quality, condition, or place soever, being of the 
age of eighteen years or above, shall be naturalized . . . unless the 
same person or persons have received the sacrament of the Lord's 
Supper within a month next before any bill exhibited for that pur- 

1 In Alfred's time no alien merchant was allowed to reside in England upward of 
forty days except in fair-time. Cockburn, Nationality, 139. 

2 25 Edward III., Statute I. Stat, of the Realm, I. 310. 
3 40 Edward III., Chap. 10. Ibid., I. 389. 

292 A. H. Carpenter 

pose ; and also shall take oath of supremacy and the oath of alle- 
giance in the Parliament House before his or her bill is twice read." ' 
The oath of allegiance and the sacraments here demanded acted as 
a restraint on the naturalization of conscientious Catholics and of 
all others having scruples in regard to Anglican forms. This 
restriction lasted many years. Charles II. passed a law naturalizing 
the children of those who had followed him into exile, and thus all 
English children born abroad during the years 1641-1660 were 
made English citizens. 2 Such an act, however, would affect the 
colonies only in case a person so naturalized went to America. 

During the first years of his reign, William III. made but few 
changes in the law established by his predecessors, 3 but in 1700 an 
important act was passed, which provided that any natural-born 
subject could inherit even if his father, or mother, or any ancestor 
through whom he might claim was an alien. 4 This placed the chil- 
dren of aliens in the colonies on a par with those in England itself. 
Henceforth there was no distinction between a colonial and an 
Englishman in the matter of inheritance. 

In the reign of Anne came still another advance in English liber- 
ality, for provision was then made for the naturalization of foreign 
Protestants. 5 This was the first general naturalization law, and it 
proved to be a long step forward. Conditions on the continent 
were such that many Germans were seeking new homes, and the 
seaports were crowded with refugees. At Erankfort they sought 
the aid of the English minister, who was instructed to tell the Pala- 
tines to get the consent of the Elector to their expatriation. 6 This 
is apparently the only occasion on which England has been par- 
ticular to ask that those seeking homes within her borders should 
receive the consent of their rulers. However, England did not in- 
sist upon formal permission, and these people seem to have come 
without it. The Germans flocked to Great Britain during the 
spring of 1708 ; and Queen Anne, moved with pity at their suffer- 
ings, granted them a shilling a day and took steps to send them to 
the British colonies in America. 7 Some of them were naturalized 

^ Ibid., IV. 1't. II. 1157. 

2 29 Car. II., Chap. 6. Ibid., V. 847. 

3 The only law passed in the first years of William's reign on naturalization was 9 
Wm. III., Chap. 20, which naturalized the children of natural-born subjects that were 
born abroad between the years 1 688 and 1 698. 

4 Stal. of the Realm, VII. 590. 

''Ibid., IX. 63. 

6 Even in England it was necessary to get from the monarch permission to emigrate. 
Under Elizabeth the law was that no one could leave the kingdom without license under 
the great seal on pain of losing his personal property. Chalmer's Political Annals, 26. 

7 L. F. Bittinger, The Germans in Colonial Times, 59. 

Naturalization in England and the Colonies 293 

without fee and were given transportation to the colonies. They 
continued to come to England, and in October, 1709, there were 
some 15,000 of these poor and destitute foreigners encamped near 
London, 1 whose citizens became greatly interested in the strangers. 
The government was finally forced to take a hand in the matter, 
and as a result many of them were naturalized and sent to America. 2 
Tools were furnished them together with free passage and promise 
of help during the first year. This promise was not kept, especially 
in the case of those who went to New York, and the result was 
severe suffering, which caused an immigration into Pennsylvania. 3 

According to the law passed in 1709, the naturalized had to 
take the oath of allegiance, and partake of the sacrament before wit- 
nesses, who signed a certificate to that effect. In addition, all the 
children of naturalized parents were to be considered natural-born 
subjects. When the Tories finally gained control of Parliament in 
171 2, they succeeded in having the law repealed, but the results 
were not overthrown, for the repeal was not intended to invalidate 
naturalizations already granted. 4 

The most important act affecting the colonies was passed in 
1740, when English citizenship was established upon a broad basis. 
Colonial laws were overridden and in a measure superseded, since 
an alien colonist was permitted to obtain a status which would have 
equal value in every colony. The law provided that any person 
born out of the allegiance of the king of England who had resided 
in the colonies for seven years, and during that period had not been 
out of them at any one time for more than two months, could be 
naturalized by taking the oaths and subscribing to the declaration. 3 
The act permitted Quakers to affirm and in administering oaths to 
Jews the words "upon the true faith of a Christian" were to be 
omitted. A fee of two shillings was collected for the entry of the 
names in a public record-book. Colonial naturalization certificates 
were to be recognized in the courts of Great Britain and Ireland, and 
colonial secretaries were ordered to send every year to England a 
list of the persons so naturalized. In this, as in previous laws, the 
sacraments had to be received in some Protestant or Reformed con- 
gregation within the kingdom of Great Britain or in the colonies 
three months before the oaths were taken. Limitations were placed 
upon office-holding in England, and no person under this act could 

1 ibid., 65. 

a 7 Anne, Chap. 5. Stat, of the Realm, IX. 63. 

3 S. H. Cobb, The Story of the Palatines, ig-j-igg. 

4 10 Anne, Chap. 9. Stat, of the Realm, IX. 557. 

5 13 Geo. II., Chap. 7. Ibid., XVII. 370. 

294 A. H. Carpenter 

fte admitted to the Privy Council or either house of Parliament, 
nor could such a one hold any office, civil or military, within the 
kingdom of Great Britain or Ireland. Otherwise, English rights and 
privileges were freely and fully given. 

The lawmakers of the realm seem to have been in remarkably 
good humor, for in 1753 they went so far as to pass a law which 
permitted the naturalization of Jews that still held the Jewish faith, 
providing they had resided for seven years in America and would 
fulfil the requirements of the law just mentioned, with the exception 
of taking the Lord's Supper. 1 Parliament had evidently gone 
beyond what the country would support, however, for the act was 
repealed the following year on the ground that it disquieted the 
minds of many of His Majesty's subjects. Naturalization legislation 
continued to be enacted, and as late as 1773 it was provided that 
foreign Protestants who had served for two years in any of the royal 
American regiments could become naturalized under restrictions 
regarding office-holding in England. 2 

It was evident, however, that England had resolved to keep the 
matter of citizenship under her immediate control ; for, in the same 
year, instructions were issued to all governors in America not to 
give their consent to any naturalization bill passed by the legislative 
bodies of the colonies under their charge. 3 The following year, 
1774, an act was passed to prevent people from becoming natural- 
ized merely for the sake of claiming the immunities of British sub- 
jects in foreign trade. 4 

We have now followed in some detail the development of the 
English law and have noted a steady progress. Starting with a dis- 
trust of outsiders, England advanced to the point where she was will- 
ing to take large numbers of foreigners into her body politic and 
give them almost equal rights with the most favored of her natural- 
born. 5 Although England broke with the old feudal principle by 
recognizing as citizens people born outside of her territory, she did 
not readily give up the idea of inalienable allegiance so far as her 
own subjects were concerned, and consequently held to that princi- 
ple until the last part of the nineteenth century. The seventeenth 
century brought with it religious qualifications, which were en- 
forced until the middle of the eighteenth century. The earlier laws 
had in mind chiefly matters of inheritance, but the last two cen- 

1 26 Geo. II., Chap. 26. Ibid., XXI. 97. 

2 The same restrictions as in the act of 1740. 

3 New York Colonial Documents, VIII. 402, 564. 

J 14 George III., Chap. 84. Statutes at Large, XXX. 554. 
s The privileges withheld were the holding of offices in England. 

Naturalization in England and the Colonies 295 

turies introduced sweeping naturalization acts, marking a liberality 
and broad-mindedness for which England has received too little 

Turning to a comparison of colonial with English conditions, 
we see that there was at no time throughout the English colonies 
that great distrust of foreigners which was to be found in England. 
Although it must be said that New England and especially Massa- 
chusetts Bay turned a cold shoulder to new-comers, and received 
with but few exceptions only those that strengthened the narrow 
theocratic state, on the whole strangers were welcomed ; for the 
greatest need of America was men to develop the resources of the 
country. 1 While Europe was overcrowded, the colonies offered 
land in abundance, which could be had for almost nothing. America 
gave men an opportunity to build homes and fortunes free from the 
political, religious, and economic tyranny of the Old World. Pro- 
prietors of new colonies were anxious to obtain settlers and made 
inducements to new-comers. William Penn made special trips to 
the continent for the purpose of enlisting colonists and, not satisfied 
with that, he issued printed circulars, which set forth the glories of 
the land beyond the seas and the fortunes that awaited the immi- 
grant. 2 One would almost think that he was reading a modern 
advertisement, and the whole movement closely resembles that of 
the nineteenth century when the northwestern states held out in- 
ducements to the Swedes and Norwegians. The seventeenth cen- 
tury drew its immigrants from England, Ireland, and Scotland, 
while most of the foreigners that came here were French Protes- 
tants. The eighteenth century marked a great change in coloniza- 
tion, for modern methods were brought into use, and the movement 
became more general. 

The foreign immigrants went chiefly to the central and southern 
colonies, this being especially true of the Germans and the Scotch- 
Irish. New England, on the other hand, kept strict watch over all 
immigrants and favored the Independents. Consequently that part 
of the country remained more purely English than any other. The 
immigrants found their way to the frontiers, where they cleared the 
land and formed a bulwark against the Indians. New York and 
Virginia seemed, with that definite object in mind, to push the 
strangers to the west. 

1 Pennsylvania took a different view in 1729, when the government, frightened by 
the influx of foreigners, laid a tax on all new-comers, but this was repealed shortly. 
E. E. Proper, Colonial Immigration Laws, 50. 

2 George I. himself sent a special agent to the Mennoniles of the Palatinate to sug- 
gest settlement in Pennsylvania. Pa. Mag. of Hist., II. 126. 

296 A. H. Carpenter 

Turning to the attitude of individual colonies, we find Mas- 
sachusetts upholding, as we should expect, the notion of a close 
corporation, membership in which was given with great care. Out- 
siders desiring admission had to seek the permission of the authori- 
ties. In 1662, by a resolve of the general court, a few French 
Protestants were permitted to enter the colony, 1 but it was not until 
1 700 that a general immigration law was put in force. Eveiy ship 
coming into the ports of Massachusetts had to furnish to the 
authorities a list of the passengers, and this was followed a few 
years later by an act which forbade the importation of poor, in- 
firm, or vicious people. The French Protestants that went there 
behaved themselves so well that in 1739 an act of naturaliza- 
tion was passed in their favor. 3 The spirit of exclusiveness, how- 
ever, was by no means overthrown, for we find an English traveler 
writing as late as 1760 that few people of foreign birth were to be 
found dwelling in Massachusetts. 3 Connecticut was in the habit 
of demanding an oath of all strangers who came to dwell within her 
territory. New York had little or no immigration until the coming 
of the Germans. In fact, Governor Dongan called attention to the 
small number of immigrants who entered the province after its cap- 
ture from the Dutch. 1 When immigration did come, it spread into 
the Mohawk valley and from there into Pennsylvania. Most of the 
southern colonies offered grants of land to attract settlers, and the 
possession of land gave not only material wealth, but also social 
rank and, generally, political privileges. Acts were passed to secure 
and guarantee these land-titles, and in some cases taxes were ex- 
empted. 5 South Carolina went so far as to prohibit the collection 
of money for all debts that had been contracted before the person 
came to the colony. This made the territory a refuge for those 
who had suffered under the severe English laws and was naturally 
much disliked by the creditor class. 

Side by side with the material inducements held out to the new- 
comers should be placed the development of colonial laws by which 
the foreigner was made a full member of the body politic. The 
colonies employed the same methods of naturalization that England 
used. Fetters of denization were issued by the governors ; then 
there were special acts of the legislature relating to particular per- 
sons ; and finally there were general naturalization laws. Colonial 

1 Clialmers, Political Annals, I. 315. 

2 Proper, Colonial Immigration Laws. See under " Immigration Laws of New 

s Ibid. , 30. 
'Ibid., 39. 
s Ibid., Chap. I. 

Naturalization in England and the Colonies 297 

legislation, however, was much more limited than that of England, 
for no colony could give any rights outside of its own borders. 
Chalmers says that the naturalization acts gave many valuable rights, 
such as the , privilege to acquire lands and to vote at elections, but 
that they were not intended to give the new-comers the right to act 
as factors and merchants or to own vessels, for that would be con- 
trary to the navigation laws. 1 Aliens pleading colonial acts of 
naturalization as a protection for their trading had their vessels 
seized and condemned by the courts of admiralty, whose decisions 
were sustained on appeal to the king in council. Chalmers com- 
plained that several governors, who were of royal appointment, had 
given letters of denization, under which aliens had traded contrary to 
the navigation acts. 2 On this account William ordered that no more 
letters of denization be granted, 3 but as a matter of fact they do not 
seem to have been used in the colonies to any extent. The limited 
character of colonial naturalization is shown in repeated decisions. 
For example, Chief-Justice North ruled that a Virginian naturalization 
had merely local effect and did not confer the privileges of citizen- 
ship in any other colony.' The solicitor-general in 1718 held that 
a New Jersey act merely gave the rights of a natural-born subject in 
that province alone, and consequently there would be no harm in 
approving it. 5 

In studying colonial laws we are met at the outset with the lack 
of collections that are in any sense complete. New York and 
Pennsylvania deserve great credit for their collections, which have 
been most carefully prepared under the direction of the state. 
Massachusetts and Virginia also have collections that furnish one 
all that is needed. As an illustration of the difficulty arising from 
the lack of material, we may notice that while Chalmers main- 
tains that Maryland was the colony to pass the first naturalization 
act, in 1666, 6 the Maryland laws are not accessible to enable us to 
determine the exact fact. It is also said that many people of alien 
races went thither and became citizens under this and subsequent 

The first naturalization law of South Carolina was passed in 
[696, and whatever rights were previously given to foreigners must 
have been given by special acts or by letters of denization of which 

1 Chalmers, Political Annals, Book I., 316. 

2 Ibid. 

3 Ibid. 

4 Ibid. ,321. 

5 Chalmers, Colonial Opinions, 133. See also foot-note. 

6 Chalmers, Political Annals, Book I., 315. 

AM HIST. REV., VOL. IX.— 20. 

298 A. H. Carpenter 

we have no record. The preamble of the act recited that the new- 
comers had greatly enriched the province by their "industry, dili- 
gence and trade." x Consequently it was enacted that " all aliens, 
male and female, of what nation soever, which now are inhabitants 
of South Carolina, their wives and children, shall have, use and en- 
joy all the rights, privileges, powers and immunities whatsoever, 
which any person born of English parents within this Province may, 
can, might, could or of a right ought to have, use and enjoy ; and 
they shall be henceforth adjudged, reputed and taken to be in 
every condition ... as free ... as if they had been and were 
born of English parents within this Province." It made valid all 
bargains and sales that had been made previous to the act, and 
also provided that any person to obtain the benefits here estab- 
lished must petition within three months. No one was to have the 
benefits of the law unless he should take an oath of allegiance to 
King William. 

The above legislation was limited to the aliens already in the 
province, and hence provided no general and lasting method for 
naturalization. Other foreigners equally worthy came to South 
Carolina in the next few years, and consequently further legislation 
was necessary. In 1704 another law was passed providing that 
" all aliens which shall hereafter come into this part of the Province, 
their wives and children, shall have, use and enjoy all rights, privi- 
leges ... as if they had been born of English parents within the 
Province." 2 An oath of allegiance to Queen Anne was demanded 
and, in addition, one against popery. No alien naturalized by this 
act could be elected a member of the general assembly, but he 
could vote, providing he was of age and had the necessary prop- 
erty qualifications. 

No more laws upon this subject were passed by South Carolina, 
and until after the Revolution all foreigners were naturalized under 
the act of 1704. In 17 12 the assembly reenacted certain English 
laws, and among them the one of William III. providing that a 
natural-born subject might inherit estates even though his father or 
mother or the person he inherited from was an alien. 3 This merely 
strengthened the rights of the natural-born, but did not change nat- 
uralization. Its main interest lies in the fact that the assembly was 
in the habit of accepting English laws bodily. 4 

'Thomas Cooper, Statutes at Large of S. C, II. I3I. 
2 Ibid., 251. 
:i Ibid., 401. 

4 North Carolina and Georgia have no good collections of laws, and hence I have 
found it impossible to trace the history of naturalization in those colonies. 

Naturalisation in England and the Colonies 299 

Virginia does not seem to have been bothered with an influx of 
foreigners during the first half-century of her life. The first legisla- 
tion touching aliens is the law of 1657, which placed all aliens in 
the same status as Irish servants that came to the colonies without 
indentures, and made them serve from six to eight years. 1 Evidently, 
Virginia was not anxious for the presence of strangers at that time, 
but by 1 67 1 the desires of the people had changed, for we have an 
act whose preamble recites the advantage of inviting other people 
to reside in the province. Any stranger desiring to make his home 
in Virginia might, after a petition to the general assembly and the 
taking of certain oaths of allegiance and supremacy, have an act 
passed that would give him all the privileges of a natural-born sub- 
ject, but it was definitely stated that the benefits of the act were 
limited to the province. The speaker of the assembly was to re- 
ceive eight hundred pounds of tobacco as a fee, while the clerk was 
to have four hundred. 2 A number of persons took advantage of 
these provisions, and during the next ten years a large number of 
private acts, naturalizing anywhere from one to ten persons, were 
passed. 3 In 1680 the assembly enacted that the governor could 
by a public document given under the great seal declare any alien 
or foreigner who was at that time living in the colony, or who 
should come thither in after years, naturalized on his taking the 
oath of allegiance. The governor was allowed a fee of forty shil- 
lings and the clerk twenty. One of the clauses provided that 
nothing in the law should give privileges contrary to the laws of 
England, evidently having in mind the navigation acts. 4 The gov- 
ernor continued to be the dispenser of privileges to aliens down to 
the Revolution. 

Attention has already been called to the eagerness with which 
Penn sought on the continent new settlers for his province, and we 
are therefore prepared to find that he was liberal in the matter of 
naturalization. The colony was hardly established before an act 
was brought forward. On December 7, 1682, provision was made 
that all foreigners residing in the province could have all the rights 
of freemen by taking the oath of allegiance to the king, and one to 
William Penn as proprietor. The oaths were to be taken in the 
county courts, and a certificate under the seal of the governor was 
to be given, for which a fee of twenty shillings might be charged. 

1 Hening, Statutes of Virginia, I. 471. The exact meaning of the law is hard to 
determine und there is need of authoritative commentary. 

2 Ibid., II. 289. 

3 Ibid. , 302, 308, 339. 

4 Ibid., 464. 

300 A. H. Carpenter 

The law was intended primarily for the three lower counties on the 
Delaware, where there were many foreigners. 1 The assembly de- 
clared this a part of the fundamental law in March, 1683, but the 
declaratory act was repealed in 1693. 2 However, the naturalization 
law itself seems to have endured until 1 700, when it was repealed. 3 
Another law was passed the same year, which enabled the gov- 
ernor in a public instrument given under the great seal to declare 
" any alien, aliens, or foreigners being already settled or inhabiting 
within this government, or shall hereafter come to settle, plant or 
reside therein, having first given his or their solemn engagement or 
declaration to be true and faithful to the King as sovereign, and to 
the proprietor and governor of this province ... to be to all in- 
tents and purposes fully and completely naturalized." The fees 
provided were small, and the declaration was made that no privileges 
were given which were forbidden by the law of England. In addi- 
tion, it was declared that all Swedes, Dutch, and other foreigners 
that were settled in the province or territories before the issuance 
of letters patent should be considered fully and completely natu- 
ralized. 1 The law was repealed in England in 1705 in accordance 
with a report of the attorney-general, who held that the proprietor 
had no right to declare the Dutch and Swedes naturalized.'' Until 
1742 Pennsylvania naturalized by private , act, 6 often grouping a 
large number of foreigners into one bill, but in that year a law was 
made which merely copied that of George II., which, as we have 
seen, provided a general method of naturalization for all the 
colonies. 7 Even after this date, however, the province continued to 
naturalize by private act, 8 and thereby frequently gave full rights to 
people that had resided in the colony a shorter time than the term 
provided in the English act. 

A few words are sufficient to show what was done in the other 
colonies south of New York. We have already noticed the statement 
that Maryland had the honor of passing the first naturalization act 
in 1666, but whether it was a general or special law it is impossible 
to say. Indications would point to the latter, for we find an act of 
1704 which said that the fees for naturalization acts and other 

1 Charter to William Penn and Laws of the Province of Pennsylvania, ibSs-ijoo 
(Harrisburg, 1879), 105. 

2 Ibid., 154. 

3 Ibid., 106. 

4 Statutes at Large of Pennsylvania, II. 29-31. 

5 Ibid., 492. 

6 Ibid., 297 ; III. 424; IV. 57-58, 147, 219, 283, 327. 
7 Ibid., 391. 

* Ibid., VI. 270, 399 ; VII. 47. 

Naturalization in England and the Colonies xo\ 


private laws should be determined by the assembly which passed 
the bill. 1 Delaware, of course, was covered by the laws of Penn- 
sylvania, and we have seen that the law of 1700 had particular 
reference to the foreigners of that district. In New Jersey, the 
lords proprietors in their Concessions and Agreements provided that 
the assembly should have power " by act to give all strangers, as 
to them shall seem meet, a naturalization, and all such freedoms and 
privileges within the said Province as to his Majesty's subjects do of 
right belong." - No doubt the assembly made use of the privilege 
thus given, but the laws are not at hand to demonstrate the fact. 

The colonial politics of New York furnish the student much of 
interest, for the colony, like the state, had strong political factions. 
The legislation of the colony has in consequence much significance, 
and this is especially true of the laws of naturalization. In 1683 an 
act was passed providing that any foreigner professing Christianity 
could be naturalized upon taking an oath of allegiance. To obtain 
this privilege one had to be actually living in the province at that 
time, and the act was not to be construed to set at liberty any bond- 
man or slave." All foreigners that came to the colony after this act 
might become naturalized by an act of the assembly. The religious 
qualifications were strictly enforced and Catholics were put under 
the ban. This is well shown in a letter of Governor Fletcher writ- 
ten in 1696, in which he says that he has found two French Roman 
Catholics in the last company of immigrants and has returned them 
for fear they would correspond with their friends in Canada. 4 The 
letter also shows that there was considerable immigration into 
Pennsylvania to avoid the burdens imposed by the defense of the 
frontier. This is only one of many indications that there was a good 
deal of intercolonial immigration. The next important piece of 
legislation came in 171 5, when it was enacted " That all persons of 
foreign birth, now deceased, inhabiting and being within this colony 
at any time before the first day of November, One thousand Six 
hundred and Eighty-three, and being seized of Lands, Tenements 
or heriditaments shall forever hereafter be deemed, taken and 
Esteemed to have been naturalized, and entitled to all the Rights, 
Privileges and advantages of any of the natural born Subjects of the 
Colony." 5 The preamble of the act stated that previous governors 
had given letters of denization, on the strength of which many 

1 Thomas Herty, Digest of (he Laws of Maryland, 377. 

2 A. Learning and J. Spicer, Grants, Concessions, and Constitutions of New Jersey, 17. 

3 Colonial Laws of New York, I. 123. 

4 Colonial Documents of New York, IV. 159. 

5 Colonial Laws of New York, I. 858. 

302 A. H. Carpenter 

foreigners had purchased property. The question of inheritance 
had then arisen, and this law was for the purpose of confirming all 
titles. The naturalization of the dead is most curious, and New 
York alone can claim such legislation. Provision was also made 
that any living persons who had not taken advantage of the previous 
act might be naturalized by taking the oath of supremacy and sub- 
scribing the test and repeating the oath of abjuration, providing 
they took the step within the next nine months. The law of 1 7 1 5 
was passed only after a long strife between the governor and the 
assembly over the matter of salary. Governor Hunter wrote the 
board of trade that the assembly had postponed all business for an 
act of general naturalization, which was very popular in the colony. 
He finally agreed to the bill with the understanding that the 
assembly should settle a fixed income upon the governor. 1 Attorney- 
General Northey gave a long opinion on the law when it came 
before him, holding that the law of 1683 was sufficient for all pur- 
poses. " It seems," he said, " not reasonable to naturalize in the 
lump all Foreign protestants within that Colony, for that in naturali- 
zations the particular circumstances of the persons naturalized 
should be considered." 3 The law seems to have stood despite the 
opinion of the attorney-general. 

The general method of naturalization in New York was, how- 
ever, by special act, and from this time until the Revolution hardly 
a year passed that a number of people were not made citizens. By 
1730 the foreign Protestants had again risen in numbers, and a gen- 
eral law was passed to naturalize all such as had resided in the 
province one year. They were to take the oaths appointed by law, 
subscribe to the test and declaration, and take and repeat the ab- 
juration oath in the presence of the governor and council of the 
province. Upon the payment of a fee of five shillings to the secre- 
retary, a certificate of naturalization was to be given. 3 

No general naturalization laws were enacted in New England. 
When rights were given to foreigners, they were provided for by 
special acts. Mention has already been made of the exclusiveness 
of that section. As a consequence of this spirit, little or nothing in 
the way of naturalization was attempted. 

A summary of colonial legislation shows that the same methods 
were employed in America as in England : letters of denization 
were issued ; general laws and private acts were passed. But the 
rights conferred by the colonies were much more limited than those 

1 Colonial Documents of New York, V. 403, 416. 

*lbid., 497. 

3 Acts and Resolves of the Province of New York, II. 586. 

Naturalization in England and the Colonies 303 

given by the mother-country. In America the laws were limited 
to the province in which they were passed, and gave no rights be- 
yond its limits. Some English laws, such as the navigation acts, 
acted as restraints on naturalization. The use of the private act 
for naturalization was very common, especially in Pennsylvania and 
New York. General laws were in force in South Carolina, Virginia, 
and Pennsylvania. The law of Pennsylvania was repealed by the 
queen, and hence its extensive use of the private act. In the last 
colonies mentioned the executive officers were generally given the 
power to naturalize foreigners on their taking the necessary oaths 
and paying the necessary fees. The political rights conferred by 
these laws varied in different colonies, according as the laws for vot- 
ing differed. By permitting aliens to obtain land the naturalization 
acts generally gave each man the power to get the necessary vot- 
ing qualifications. However, we noted that in South Carolina, 
although an alien might vote if he had the required amount of land, 
yet he could not hold office. The greatest benefit given by natu- 
ralization legislation was the right to purchase and hold land, which 
might be transmitted to one's children. The possession of land 
meant the means of becoming socially important, for rank in a new 
country depends largely upon such possessions. Not only that, 
but land in the early days furnished almost the only means of gain- 
ing wealth. Although an alien might be under certain political 
disabilities, even after naturalization, he had the satisfaction of know- 
ing that he was laying the foundation of power which he could pass 
on to his children, who might freely obtain the rights denied him. 

The colonial naturalization laws must, therefore, be considered 
of great significance. They encouraged the industrious alien to 
come to America, and his coming meant the rapid development of 
the country. Without complaint he faced the savages of the fron- 
tier, cut the forests, cleared the land, and stood as the advance- 
guard of our civilization. For that work he is deserving of much 
credit, and it was only fair that the provinces should make this in- 
dustrious person an integral part of their people. 

A. H. Carpenter. 


The relations of France with the United States during the War 
for Independence, the peace negotiations of 1 782-1 783, and the later 
controversy over neutrality have been the subjects of extended dis- 
cussion. On the other hand, little attention has been paid either to 
the policy of France concerning the formation and adoption of the 
Federal Constitution or to the influence she attempted to exer- 
cise. Some investigation of these subjects, however, appears to be 
needed, when one considers that they appeared among the speci- 
fications which the revolutionary government of France made pub- 
lic in its exposure of the alleged perfidious conduct of Vergennes 
and Montmorin toward the United States during the whole period 
from 1778 to 1789. 

The address to the President of the United States, reported by 
Gaudet to the National Convention on December 21, 1792, declared 
that the royal government had merely made a pretense of helping 
to secure American independence, and that its ambassadors had in- 
structions to hinder the development of American prosperity. 1 In 
the same spirit, the instructions of Genet, also prepared in Decem- 
ber, 1792, required him to remind the Americans of their natural 
brotherhood with the people of France, and enjoined him to explain 
that the reason for the failure of the two nations to reap the fruits 
of their true friendship lay in the treachery of the lately destroyed 
cabinet of Versailles. The Executive Council were said to have just 
learned with great indignation, by inspection of instructions given to 
Genet's predecessors, that at the very time when the good people of 
America expressed their gratitude in the most feeling manner and 
gave every proof of their friendship, Vergennes and Montmorin 
thought it advantageous for France that the United States should 
not attain the political stability of which they were capable, because 
they would soon acquire a strength which they would probably be 
eager to abuse. 2 Copies of official documents to prove that it had 
been the wish of France, expressed while the question was pending, 
that the Constitution might not be adopted were to be communicated 

1 L'Ancien Moniteur, XIV. 810. 

2 Annual Report of the American Historical Association for iSgd, I. 959. For the 
basis of this charge see infra, Montmorin's instructions to Moustier, page 307. 

( 304) 

France and the Federal Constitution 305 

by Genet to President Washington when presenting his official letter. 1 
Further, Genet gave to the American public an incidental revelation 
of malign royal French influence against the movement for the estab- 
lishment of an efficient federal government, when he published his 
instructions in Philadelphia, in December, 1793. 2 

A similar interpretation of French policy upon this subject was 
given to Lansdowne by Talleyrand, in a letter written from Philadel- 
phia on February 1, 1795. Talleyrand was developing at length 
his views upon the relations of the United States with European 
powers, and he found it necessary to account for the distrust 01 
France shown by public men in America. His explanation was 
that it originated in the discovery, by the American leaders, that M. 
Ternant, 3 the French ambassador, had instructions to oppose the 
movement for the Federal Constitution. They could but resent the 
perfidy of an ally who secretly wished to keep the states disunited, 
to condemn them to a long and painful infancy, lacking the strength 
to protect themselves. The influence which the French diplomatic 
agent, following his instructions, was able to exert against the Con- 
stitution in the Federal Convention and in the conventions of the 
several states was, to be sure, insufficient for the end desired. But 
his efforts aided in sowing the seed of Antifederalism, and since 
then American statesmen had feared the snares of fraternal associa- 
tion with the French. 4 

Suspicion about the truthfulness of the foregoing representations 
is engendered in the mind of the modern inquirer as soon as one 
searches for contemporary notice of opposition by French agents to 
the formation or ratification of the Federal Constitution. No evi- 
dence has been found, either in the public communications or in the 

1 Marshall, Life of Washington, II. note x. Genet also communicated copies of 
documents showing that France and Spain had tried to exclude the United States from 
the Mississippi, and that they were jealous of this growing power. 

2 Genet and the Federal Government, Philadelphia, 1 793. His main purpose in 
this publication was to justify his course during the controversy with the federal admin- 
istration. He sought to show that he had acted in accordance with his instructions. 
On the publication of Genet's instructions, see Writings of Washington (Ford), XII. 
332 et seq. ; Life and Correspondence of Rufits King, I. 447 ; American State Papers, 
Foreign Relations, I. 572. 

'The spelling of this minister's name in the documents signed by him is Ternant — 
although Americans commonly wrote it Ternan, and the form ascribed to Talleyrand is 

4 The letter which included these statements was first published in the Revzie d'JLis- 
toire Diplomatique in 1889, the significant sentences upon the immediate question now 
under consideration being printed on page 69. Talleyrand's extended comments upon 
American industry, commerce, and foreign relations are of great interest. Here are 
foreshadowed the arguments of his celebrated paper on commercial relations of the 
United States with England, read before the Academy in April, 1797. 

306 C. A. Duniway 

published private correspondence of opponents of the Constitution, to 
show that opposition was encouraged and assisted by France. Nor 
is there any mention by its advocates of resentment on account of 
influence exerted by France to defeat their efforts for strengthening 
the Union. If any such opposition was made at all, it was managed 
by men so shrewd and cautious that their secret was not betrayed 
to the leaders who would have been glad to unmask foreign inter- 
meddlers. 1 Furthermore, abundant contemporary commentaries 
upon all phases of the controversy over the Constitution are found 
among the despatches from America preserved in the Archives des 
Affaires Etrangeres, 2 but they contain no reports of efforts to assist 
the Antifederalists. Finally, the only explicit and circumstantial 
charge of this nature is made in a source of dubious value, i. e. in 
a letter from Talleyrand, written in 1795. Whereas the National 
Convention of revolutionary France had been quite content with the 
public revelation that the government of the late Louis XVI. had 
not been a disinterested and helpful ally of the United States, 3 Tal- 
leyrand ventured in private correspondence to make specific asser- 
tions of offensive interference in a question of American domestic 
policy, and gave what seemed to be corroborative details to sub- 
stantiate the charge. But Talleyrand's situation as a proscribed 
emigre led him to overemphasize American distrust of France, and 
to gratify his friend Lansdowne by reporting news that the latter 
would be pleased to read. He might easily have confused the ear- 
lier difficulties of the peace negotiations, and the disputes over 
the navigation of the Mississippi, with the ill-feeling caused by 
more recent events and by the revelations made through Genet in 
1793. He was certainly in error in naming M. Ternant as the 
agent of this reprobated French policy, for that gentleman was 
made minister to the United States only in March, 1 79 1 , 4 and could 
not possibly have acted in that capacity to oppose the Federal Con- 
stitution in the Federal Convention (which Talleyrand assigns to 

1 On the contrary, Washington continued to express his cordial sentiments toward 
France, as in the following assurance to Moustier, on March 26, 17S8 : "... as no 
subject of uneasiness has turned up with respect to France, any disgust or enmity to 
the latter would involve a mystery beyond my comprehension. . . . But no preju- 
dice has been revived, no jealousy excited (to my knowledge) which could have 
wrought a revolution unfriendly to your nation. If one or a few persons in New York 
have given a different specimen of thinking and acting, I rely too much upon your can- 
dor to apprehend that you will impute it to the American people at large." Writings of 

Washington (Ford), XL 236. 

2 Archives des Affaires Etrangeies, Etats-Unis, Memoires, 1783 a 1789, Tomes XV., 

3 The National Convention apparently expected by this display of frankness to re- 
move any lingering vestiges of American sympathy for monarchical France. 

4 Moniteur, March 7, 1791. 

France and the Federal Constitution 307 

1789) or in the conventions of the several states. It is apparently 
a safe conclusion, therefore, in the light of these various considera- 
ations, that Talleyrand misrepresented the facts of Franco-American 
relations, and that no active steps were taken by French agents in 
the United States to prevent the adoption of the Federal Constitu- 

Turning now to a somewhat different phase of the problem 
under discussion, what do the diplomatic archives reveal of the 
wishes and policy of France, as distinguished from her actual 
influence ? ' The interruption of business caused by the death of 
Vergennes, and the absorption of attention by more important mat- 
ters of diplomacy then pending, led to almost complete neglect of 
American relations during most of 1787. 2 Montmorin seems to 
have first considered American affairs in August, when his leading 
thought was that the rapid tendency within the United States toward 
complete independence of the states from each other would bring 
no unfortunate results for France. 3 It was not until October that 
he attached the slightest significance to the movement for a revision 
of the Articles of Confederation. He explained then to Moustier 
that the question of a new constitution was of very slight importance 
in the policy of the King, but that His Majesty thought that it was 
to the advantage of France for the United States to continue in their 
present condition, because if they should attain the political stability 
of which they were capable, they would soon acquire a strength 
and a degree of power which they would probably be eager to 
abuse. Despite this last reflection, the minister was to adhere care- 
fully to the position of a completely passive spectator, not showing 
that he opposed or favored the new project. 4 

1 The publication of the correspondence of Montmorin and Moustier, communicated 
by Professor Henry E. Bourne, in the Review for July and October, 1903, renders it 
unnecessary to quote at length the evidence for the conclusions now to be stated. 
Perhaps it should be said in passing that the documentary material for this study was 
obtained by the writer as a result of personal research in the French Archives in 1902. 

2 Vergennes died in February, 1787. The chief interest of French diplomacy in 
1787-1788 centered in the state of Holland. 

3 Montmorin's instructions to Otto, August 31, 1787, partly printed in translation 
in Bancroft, Constitution, II. 438. 

4 Archives des Affaires Etrangeres, Etats-Unis, 1 777 a 1787, Supplement, Tome 
I., folios 421-426. This is seemingly a first draft of the document printed in the 
Review for July, 1903, 710-714. Meanwhile Otto had expressed his opinion that the 
new scheme of government should excite the enthusiasm of all Americans who desired 
the prosperity of their country, despatch numbered 101, dated New York, October 20, 
1787. A few weeks later he reported that certain politicians were using the approval of 
the Constitution by representatives of foreign powers as an objection to its adoption. 
Archives des Affaires fetrangeres, Etats-Unis, 1777 a 1787, Correspondance, Tome 
XXX1L, folio 401. 

308 C. A. Duniway 

Moustier's first impression of the state of affairs in America 
was obtained in February, 1788, after five states had accepted the 
Constitution. Under these circumstances, he expressed to Mont- 
morin the opinion that the time had passed for European powers 
either to favor or to oppose the adoption of the new Constitution. 1 
Four days later, upon the basis of a little wider acquaintance and 
further reflection, he stated his views more comprehensively, but to 
the same general effect. He had sought to conform to his instruc- 
tions, but in view of the fact that the Constitution was steadily 
growing in favor and perhaps would be adopted by all the states, 
existing circumstances seemed to require that he should avoid 
strengthening a widely prevalent opinion that the King had lost all 
interest in the American republic and that its success would even 
give umbrage to him. If the new Constitution should be adopted, 
and Congress should thereby acquire sufficient authority to give 
efficacy to its political alliances, it would be most unfortunate to 
allow the impression to prevail that the King did not really concern 
himself with the prosperity of the United States. 2 

It was after enlightenment from this correspondence that Mont- 
morin wrote to Moustier, under date of June 23, 1788, his first and 
only despatch referring to the adoption of the Constitution as a 
pending political issue. In it he explained that he did not know 
whether France must deal with one government or with thirteen 
separate states. The reserve prescribed as to the Federal Consti- 
tution was ascribed to the resolution of the King not to mix in the 
internal affairs of the United States, and such reserve should be 
regarded as an evidence of His Majesty's respect for their indepen- 
dence, rather than as a proof of indifference. Yet he virtually 
repeated his earlier instruction by requiring the minister to abstain 
from expressing any judgment upon the new Constitution.'' The 
essential harmony of Moustier's views with the tendency of these 
instructions was shown by his record of his belief on June 25 that 
Virginia and New York would fail to ratify the Constitution, and 
that the defection of these two states would be fatal to the stability 
of the new government, even although New Hampshire had just 
supplied the ninth ratification. The tone of his reflections revealed 
no sense of disappointment for France in a continuance of American 
divisions and weakness. 4 So, too, the assured triumph of the 

'//>/</., Tome XXXIII. folio 18 ; American Historical Review, VIII. 716. 

2 Correspondance, XXXIII., folio 31 ; Am. Hist. Rev., VIII. 723. Moustier found, 
too, that partizans of the Constitution expected to see him take an active part in favor of 
its adoption. 

3 Correspondance, XXXIII. , folios 208-210; Am. Hist. Rev., VIII. 727-729. 

1 Correspondance, XXXIII., folios 214 ff. ; Am. Hist. Rev., VIII. 730-733. 

France and the Federal Constitution 309 

Federalists gave him no cause for rejoicing, but merely led him to 
make pretense to American leaders that the adoption of the Consti- 
tution had always been desired by his royal master. 1 

Scanty as the direct evidence thus reviewed unfortunately is, its 
purport is clear. While the question of the adoption of the Federal 
Constitution occupied no great share of attention in the administra- 
tion of French foreign affairs, and while no actual interference to 
arrest the movement for a strong American central government was 
attempted, France would have preferred to see the United States 
remain under the weak and inefficient Confederation, and her min- 
isters in America were to regulate their conduct circumspectly with 
due regard to this fundamental consideration of French policy. 

Clyde Augustus Duniway. 

1 Correspondance, XXXIII., folios 332 ff. ; Am. Hist. Rev., IX. 90. 


Papers of William Paterson on the Federal Convention, ijSy 

William Paterson is generally remembered as one of the 
leaders of the Small State party in the Federal Convention, and 
chiefly as the delegate who introduced and defended the New Jersey 
plan. In addition to his work in the Convention, he played an 
active part in national and state affairs. 

He was born in Ireland in 1745. His parents came to Phila- 
delphia two years later, and in 1750 settled in Princeton. He 
graduated from Princeton College in the class of 1763, and from 
1787 to 1802 was a member of the board of trustees. It is an 
interesting fact that in 1765, while studying law under Richard 
Stockton, a signer of the Declaration of Independence, Paterson was 
one of the founders of a patriotic society called the Well-Meaning 
Club. This was afterward reorganized as the Cliosophic Society. 
Enrolled among its members were Oliver Ellsworth and Luther 
Martin, two men who were later, like Paterson, strong advocates of 
the Small State policy at Philadelphia. 1 He was a member of the 
first Provincial Congress of New Jersey, 1775, a delegate to the 
Continental Congress, attorney-general of his state, and a member 
of the Annapolis Convention. 

After his work in favor of the New Jersey plan was finished, 
Paterson took little part in the debates of the Federal Convention. 
On July 23 he seconded a motion of Ellsworth that the Constitu- 
tion be referred to the legislatures of the states for ratification. 
There is no evidence of his participation in the Convention from 
that date to the time of signing the completed instrument. 

In the organization of the new government, Paterson was chosen 
as a senator from New Jersey, but he soon resigned to become 
governor and chancellor of his state. During the three years of 
his governorship he began the important work of collecting and 
putting into proper form all those British statutes held to be in 
force before the Revolution that by the constitution of New Jersey 
were to have force and validity, together with all the public acts 
passed by the New Jersey legislature. This task, finished in 1800, 

1 W. Jay Mills, Glimpses of Colonial Society and the Life at Princeton College 1766- 
'773 (Philadelphia, 1903), 17. 


Pater son on the Federal Convention 3 1 1 

is said to have been done with marked skill and judgment. 1 On 
March 4, 1793, he was commissioned by Washington as associate 
justice of the Supreme Court of the United States, a position which 
he held till his death in 1806. 

The following documents, unless otherwise noted, are at pres- 
ent in the Library of Congress, Division of Manuscripts. They 
have been recently secured from Mr. Noah F. Morrison, of Eliza- 
beth, New Jersey. Those that are not in the Congressional Library 
are here printed from copies made by Professor J. F. Jameson of 
originals furnished him by Miss Emily K. Paterson, of Perth Amboy, 
New Jersey. Copies of everything that is here printed are to be 
found in the New York Public Library, Lenox branch, among the 
Bancroft manuscripts. On the Bancroft copies are headings pre- 
pared for Mr. Bancroft's use. These headings suggest what, in the 
writer's opinion, the papers refer to, and these indications have been 
of considerable service in the task of examining and arranging the 
notes for publication. In several instances the statements in the 
headings have not been followed in the arrangement of the papers 
as here printed. Such of the following papers as are now in 
the possession of the Library of Congress are called the Paterson 
Papers, and that designation is here retained as a heading to all of 
these documents. It should be noted, however, that two of these 
documents are in the handwriting of Brearley. 

David Brearley (1 745-1 790), one of Paterson's colleagues in the 
Federal Convention, had been a lieutenant-colonel of the New Jersey 
line under General Sullivan. From 1779 till 1789 he was chief- 
justice of New Jersey, and from 1789 till his death judge of the 
United States District Court for that state. He signed the Consti- 
tution and was a member of the state convention that ratified it.' 2 

Some of these notes will probably prove of little significance to 
the reader. In spite of this it has seemed well to publish them, be- 
cause anything referring to the Federal Convention, and especially 
to the great central controversy, is of interest to students. Even 
though material of this kind may at first seem interesting rather 
than significant, it often happens that the special investigator will 
find in it meaning at first not appearing. It must be said, however, 
that many of these notes will probably prove valuable to the student 
of the Convention's work. They help to bring out with distinct- 
ness the character of the controversy between the advocates of the 

1 Hampton L. Carson, The Supreme Court of the U. S. (Philadelphia, 1892), 1S4 ; 
L. Q. C. Elmer, The Constitution and Government of the Province and State of New 
fersey (Newark, 1872), 88-94. 

2 For a biography of Brearley see Elmer, 274. 

3 i 2 Documents 

Virginia and the New Jersey plans, and they certainly throw light 
on the character of Paterson's arguments. 

The notes were not made in accordance with any definite system 
as were those of Madison. They are not so coherent and well- 
arranged as even those of Yates, King, or Pierce. In a few cases 
Paterson, following the speakers, made brief abstracts of their 
speeches in order to emphasize the thoughts that he considered 
most important. Other notes were prepared merely as memoranda 
for a reply to an opponent. In some cases there appear in the same 
memorandum to be references to speeches made on different days ; 
for example, the papers that seem to be notes for Paterson's speech 
of June 9 likewise include, apparently, mention of what Butler said 
on June 1 1. It is not impossible, therefore, that Paterson sketched 
out these thoughts for his speech, and, after he had spoken, inserted 
any remarks that had been made in opposition in order that he 
might make cogent reply. If this is not the case, and the explana- 
tion does not seem very satisfactory, then he simply jotted down 
thoughts for a speech, and for the purpose of argument inserted the 
statements of others as he remembered them. He worked over his 
argument at various times, and thrust into his outline the words of 
others on which he intended to comment. 

i. Notes of the Virginia Plan, May 29. ' 

Gov r Randolph — 

Propositions founded upon republican Principles. 

1. The Articles of the Conf d . n should be so enlarged and corrected 
as to answer the Purposes of the Inst" 

2. That the Rights of Suffrage shall be ascertained by the Quantum 
of Property or Number of Souls — This the Basis upon which the larger 
States can assent to any Reform. 

Obj'.' — Sovereignty is an integral Thing — We ought to be one 
Nation — 2 

3. That the national Leg! should consist of two Branches — 

4. That the Members of the first Branch should be elected by the 
People, etc. This the democratick Branch — Perhaps, if inconvenient, 
may be elected by the several Leg? — 

1 Cf. Documentary History of the Constitution, III. 17-20. The original of this 
paper is in the possession of Miss Emily K. Paterson, of Perth Amboy, New Jersey. It 
is evidently a condensation, perhaps hastily made, of Randolph's plan presented to the 
convention May 29. 

2 The purport of this interpolated comment is not plain ; but it would seem to be 
the center of what Paterson afterward contended for, viz. the convention could not divide 
up the sovereignty of the states ; if there was to be one nation, the states must be 
thrown together. 

Pater son on the Federal Convention 3 1 3 

5. Members of the 2 d Branch to be elected out of the first — to con- 
tinue for a certain Length of Time, etc. To be elected by Electors 
appointed for that Purpose — 

6. The Powers to be vested in the national Leg" — A negative upon 
particular acts, etc. contravening the Articles of the Union — Force — 

7. A national Executive to be elected by the national Leg r 

Checks upon the Leg v and Ex. Powers — 

1. A Council of Revision to be selected out of the ex. and jud y De- 
partments, etc. 1 

2. A nat 1 Judiciary to be elected by the nat! Leg r . — To consist of 
an inferior and superior Tribunal — To determine Piracies, Captures, 
Disputes between Foreigners and Citizens, and the Citizen of one State 
and that of another, Revenue-matters, national Officers — 

1. Provision for future States — 

2. A Guar?' by the United States to each State of its Territory, etc. 

3. Continuation of Congress till a given Day. 

4. Provision, that the Articles of national Union should be 
amended — 

5. That the leg. ex. and jud: T Officers should be bound by Oath to 
observe the Union. 

6. That Members be elected by the People of the several States to 
ratify the Articles of national Union — 

11. Report of the Committee of the Whole, June 13.- 

Report of the Committee of the whole House 
1. Resolved, that [// ii] the [opinion of this Committee 
of the U. S. 
that a National~\ Government A ought to [be established^ 
consist [ing] of a Supreme Legislative, Judiciary, and Exec- 

reed — 7 A. 3 No 

dcd 2. Resolved, that the [National] Legislature ought to 

consist of two branches. 

3. Resolved, that the Members of the first Branch of the 
of the United States 
[{National )] Legislature A ought to be elected by the People 

1 n - 1 Divided. 

1 Beginning with this note the remaining eight resolutions of the fifteen 
are summed up, though not numbered as in the plan. 

2 This paper is in the handwriting of David Brearley. It is indorsed 
" Report of Committee 12 June 1787" in Brearley's handwriting. The 
committee, as a matter of fact, did not report until June 13. The inter- 
lineations and erasures as here represented admirably illustrate the subjects 
under discussion and the changes made in the report. Erasures are brack- 
eted and in italics. Evidently Brearley, using the report of the Committee 
of the Whole, or more properly his copy of the report, made changes in it 
in the course of the succeeding debates. 

4M. HIST REV. VOL. IX. — 21. 

3 1 4 Documents 

two to be of the Age 

5 A. 5 no. i divided r .i , ,-i r , r > r- 

lost ot the several States, for the term of three years ; A [to receive 

of 25 years at least : 

fixed Stipends, by which they may be compensated for the devo- 
tion of their time to Public Service — to be paid out of the 
Public and incapable of holding, 

National Treasury ,•] to be ineligible to, A any Office [estab- 
lished by a particular State, or] under the authority of the 
United States (except those peculiarly belonging to the func- 

of the first Branch 
tions of the first Branch) during the term of service, A [and 
under the National Government for the space of one year after 
its expiration .] 

4. Resolved, that the Members of the second Branch of 
of the U. S. 
the [National] Legislature A ought to be chosen by the indi- 
vidual Legislatures : to be of the Age of 30 years, at least ; 
of six years, one third of whom to go 
to hold their Offices for the Term A [sufficient to ensure their 
out of office biennially ; compensation for 

independancy namely of seven years.] — to receive A [fixed Sti- 
pends, by -which they may be compensated for] the devotion of 
their time to public service,- — to be paid out of the National 

To be ineligible to any office established by a particular 
State, or under the authority of the United States (except 
those peculiarly belonging to the functions of the second 
Branch) during the term of service, and under the Nat! 
Govern! for the space of one year after its expiration, 
agreed to without c. Resolved, that each Branch ought to possess the right 

amendment. ° o a o 

of originating Acts. possess 

6. Resolved, that the National Leg? ought to [be empow- 
ered to enjoy] the Legislative Rights vested in Congress by the 
Confederation ; and moreover to Legislate in all cases to 
which the separate States are incompetent, or in which the 
harmony of the United States may be interrupted by the 
exercise of individual Legislation, — to negative all laws 
passed by the several States contravening, in the opinion of 
the National Legislature, the Articles of Union, or any 
Treaties subsisting under the Authority of the Union, 
carried 6. ay. 4 no 7. Resolved, that the Right of suffrage in the first Branch 

of the National Legislature ought not to be according to the 
Rule established in the Articles of Confederation, but accord- 
ing to some equitable Ratio of representation, namely, in 
proportion to the whole number of White and other free 
Citizens and Inhabitants, of every Age, Sex and Condition, 
including those bound to servitude for a Term of Years, and 

Pater son on the Federal Convention 3 1 5 

three fifths of all other persons, not comprehended in the 
foregoing discription, except Indians not paying Taxes in 
each State. 

, 8. Resolved, that the right of suffrage in the second 
Branch of the Nation 1 Legislature ought to be according to 
the rule established for the first. 

9. Resolved, that a National Executive be instituted, to 
consist of a single person to be chosen by the National Legis- 
lature for the term of seven years, with Power to carry into 
execution the National Laws — to appoint to Offices in cases 
not otherwise provided for; to be ineligible a second time; 
and to be removable on Impeachment and Conviction of 
Mai-Practice, or neglect of duty. To receive a fixed stipend 
by which he may be compensated for the Devotion of his time 
to public service ; to be paid out of the National Treasury. 

10. Resolved, that the National Executive shall have a 

right to negative any \National~\ Act, which shall not be 
afterwards passed unless by two third parts of each Branch of 
the National Legislature. 

11. Resolved, that a National Judiciary be established, to 
consist of one Supreme Tribunal, — the Judges of which to 
be appointed by the second Branch of the National Legisla- 
ture ; to hold their offices during good behaviour and to re- 
ceive punctually at stated times, a fixed compensation for 
their services, in which no increase or diminution shall be 
made, so as to affect the persons actually in office at the time 
of such increase or diminution. 

1 2 Resolved, that the Nat' Legislate be empowered to 
appoint inferior Tribunals. 

13 Resolved, that the Jurisdiction of the National Ju- 
diciary shall extend to cases which respect the collection of 
the National Revenue ; — ■ Impeachments of any National 
Officers, and questions which involve the Na! peace and har- 

14. Resolved, that Provision ought to be made for the 
admission of States, lawfully arising within the limits of the 
United States ; whether from a voluntary Junction of Gov- 
ernment and Territory, or otherwise, with the consent of a 
Number of Voices in the National Legislature less than the 

15. Resolved, that provision ought to be made for the 
continuance of Congress and their Authorities and privileges, 
until a given day after the reform of the Articles of Union 
shall be adopted ; and for the completion of all their Engage- 

16. Resolved, that a Republican Constitution, and its 

3 1 6 Documents 

existing laws, ought to be garraunteed to each State, by the 
United States 

17. Resolved, that provision ought to be made for the 
amendment of the Articles of Union, whensoever it shall 
seem necessary. 

iS. Resolved, that the Legislative, Executive, and Ju- 
diciary Powers within the several States, ought to be bound 
by Oath, to support the Articles of Union. 

19. Resolved, that the amendments which shall be 
offered to the Confederation, by the Convention, ought at a 
proper time or times, after the Approbation of Congress, to 
be submitted to an Assembly or Assemblies of Representi- 
tives, recommended by the several Legislatures, to be ex- 
pressly chosen by the People to Consider and decide thereon. 
[Indorsement: Report of Committee 12 June 1787] 

in. Notes apparently used by Paterson in Preparing 
the New Jersey Plan, June 13-15. 


1. Resolved, That a union of the States merely federal 
ought to be the sole Object of the Exercise of the Powers 
vested in this Convention. 1 

2. Resolved, That the Articles of the Confederation 
ought to be so revised, corrected, and enlarged as to render 
the federal Constitution adequate to the Exigencies of Govern- 
ment, and the Preservation of the Union — '-' 

3. Resolved, That the federal Government of the 
United States ought to consist of a Supreme Legislative, 
Executive, and Judiciary — 

1 This resolution is partly stricken out in the original. Jameson says 
these five resolutions may not improbably be attributed to John Lansing, 
Jr., of New York. He also says that it will be plainly seen that it repre- 
sents an early stage of the Paterson plan. The fifth resolution is especially 
noteworthy. "In short," says Jameson, "we have in this document a 
Vorsckrift for the New Jersey plan, drawn up by a man or men who were 
willing to go but little beyond" the schemes earlier proposed. Ann. 

Rep. Am. Hist. Assoc, igos, I. 142. 

2 This resolution is thus given in Madison's notes, Documentary History, 
III. 125. It is the first resolution of Paterson's plan as there given. 
Jameson argues (p. 137) that this could not have been the first of Pater- 
son's resolutions as finally presented. His evidence is probably conclusive; 
and yet it should be noticed that the resolution offered by Dickinson, 
" That the Articles of Confederation ought to be revised and amended, so 
as to render the Government of the United States adequate to the exigen- 
cies, the preservation, and the prosperity of the Union," would not be 
acceptable to either party. Paterson's supporters would wish to retain the 
words "federal Constitution." Is not Dickinson's motion characteristic? 

Pater son on the Federal Convention 317 

4. Resolved, That the Powers of Legislation ought to 
be vested in Congress. 1 

5. Resolved, That in Addition to the Powers vested in 
the United States in Congress by the present existing Articles 
of Confederation, they be authorized to pass Acts for levying 
a Duty or Duties on all Goods and Merchandize of foreign 
Growth or Manufacture imported into any Part of the United 
States not exceeding per Cent, ad Valorem to be ap- 
plied to such federal Purposes as they shall deem proper and 
expedient, and to make Rules and Regulations for the Col 
lection thereof; and the same from Time to Time to alter 
and amend in such Manner as they shall think proper. Pro- 
vided, That all Punishments, Fines, Forfeitures, and Penalties 
to be incurred for contravening such Rules and Regulations 
shall be adjudged and decided upon by the Judiciaries of the 
State in which any Offence contrary to the true Intent and 
Meaning of such Rules and Regulations shall be committed 
or perpetrated; subject nevertheless to an Appeal for the 
Correction of any Errors in rendering Judgment to the Judi- 
ciary of the United States. 

That the United States in Congress be also authorized to 
pass Acts for the Regulation of Trade as well with foreign 
mposts Excise — Nations as with each other, and for laving such Prohibitions, 

imps — Post-Office — . J ° 

11-Tax— and such Imposts and Duties upon Imports as may be neces- 

sary for the Purpose ; Provided, That the Legislatures of the 
several States shall not be restrained from laying Embargoes 
in Times of Scarcity ; and provided further that such Imposts 
and Duties so far forth as the same shall exceed . . . per 
Centum ad Valorem on the Imports shall accrue to the Use of 
the State in which the same may be collected 2 

B. 3 

1. Resolved, That the articles of the confederation 
ought to be so revised, corrected, and enlarged as to render 
the federal constitution adequate to the exigencies of govern- 
ment, and the preservation of the union — 

2. Resolved, That the alterations, additions, and pro- 
visions made in and to the articles of the confederation shall 
be reported to the united states in congress and to the indi- 
vidual states composing the union, agreeably to the 13 th arti- 
cle of the confederation — 

1 See Jameson, loc. cit., 140-141. 

2 This resolution is somewhat similar to the second resolution as given 
in Madison's notes, Documentary History, III. 125, and in the Brearley 
copy, ibid. , I. 322. Either no more was written of this paper or Pater- 
son copied no more, Jameson, loc. cit. , 142. 

3 This goes farther than A and marks a later stage of the plan. 

7 Ih Prop 

Same - 

3 1 8 Documents 

3. Resolved, That the federal government of the united 
states ought to consist of a supreme legislative, executive, 
and judiciary — 

4. Resolved, That the powers of legislation be vested in 
Congress — 

See M r Lansing — 5 - 

See Gov. Randolph's. 6. 


Resolved, That every State in the Union as a State 
possesses an equal Right to, and Share of, Sovereignty, Free- 
dom, and Independance — 

Resolved, therefore, that the Representation in the su- 
preme Legislature ought to be by States, otherwise some of 
the States in the Union will possess a greater Share of 
Sovereignty, Freedom, and Independance than others — 

Whereas it is necessary in Order to form the People of 
the U. S. of America into a Nation, that the States should be 
consolidated, by which Means all the Citizens thereof will 
become equally intitled to and will equally participate in the 
same Privileges and Rights, and in all waste, uncultivated, 
and back Territory and Lands ; it is therefore resolved, that 
all the Lands contained within the Limits of each State indi- 
vidually, and of the U. S. generally be considered as consti- 
tuting one Body or Mass, and be divided into thirteen or 
more integral Parts. 1 

Resolved, That such Divisions or integral Parts shall be 
styled Districts. 


Reproduced in facsimile on page 319. A copy by Pater- 
son of the first four resolutions, but not numbered, and with- 
out the erasures and interlineations found in B. Aside from 
minor variations, C differs from B only in the second resolu- 
tion, where "shall " is changed to " ought to." 2 

1 To account for such a proposition as this in connection with the New 
Jersey plan is a matter of some difficulty. In the original paper this reso- 
lution is so written as undoubtedly to be joined with the preceding. Other- 
wise it might seem to be a mere sporadic note. Reference is evidently 
made to this in other notes and memoranda below. See also Brearley's 
speech of June 9, where the erasure of state boundaries is advocated, and 
Paterson's reference to the same idea, Doc. Hist., III. 96, 97. See 
also especially Madison's speech of June 19. It is apparent that Paterson 
and Brcarley proposed this as the only way of doing justice to the large 
states and securing the safety of the small states. Ibid., III. 161. 

2 See Jameson, loc. cit., 142. 

Pater son on the Federal Convention 3 1 9 

/llSi B^H^^Z^f-d M JC-ZZ^i ^Ss^.p«= 

.20 Documents 

iv. Notes for Speeches. 1 

A. Notes for Speech of June p. 2 

i. The Plan. 

2. The words national and federal. 

3. Collection of Sentiment — Object, to take under Con- 
sideration the State of the American Union — 

Consider the Nature and Construction of this Assembly. 
Formed under the act of Congress passed in Conformity 
with one of the Articles of the Confed" 

See the Com" 3 from Mass? 
Assumption of Power— The Com" measures our Power — to revise the Confed n to 

report to Congress and the several Leg s — must not go beyond 
our Powers — 

Self-constituted and self-ordained Body. 

The Com" give the political Complexion of the several 
States — not ripe — we must follow the People; the People 
will not follow us — The Plan must be accommodated to the 
public Mind — consult the Genius, the Temper, the Habits, 
the Prejudices of the People. 

A little practicable Virtue to be preferred to Theory. 

Not to sport Opinions of my own — not to say w 1 is the 
best Gov! or what ought to be done — but what can be done 
— w! can we do consistently with our Powers ; w! can we do 
that will meet with the Approbation of the People — their 
Will must guide — 

Insurrections — So there are in every Gov' — even in 
England — it may shew, that our particular Systems are 
wrong — that our Inst ns are too pure — not sufficiently removed 
from a State of Nature to answer the Purposes of a State of 
Society — it will not militate ag' the democratick Principle 
when properly regulated and modified — 

The democratick Spirit beats high — 

Not half wrong enough to have a good Gov' — 

1 The notes numbered A-E are in the Bancroft copies marked " Notes 
for speech of 9 June," but it is by no means clear that all these are notes 
for the speech of that day. Apparently Paterson worked over his argu- 
mentsevera] times, and the burden of his thought was somewhat consistently 
the same : the want of power in the Convention ; the unreadiness of the 
people to support a plan for a consolidated government ; the maintenance 
of the equality of the states. In the notes of Madison, Pierce, King, and 
Yates we find no indication that Gouverneur Morris made a speech on the 
ninth. The words in A given in connection with the name of Morris ap- 
pear again in B. 

2 This document is in the possession of Miss Emily K. Paterson. 

Paterson on the Federal Convention 


Foetus of a 
Monarch — 

2. The Plan proposed — The 1 s . 1 Prop." withdrawn ' — it 
was incompatible with the 2? The Principles were gradually 
unfolded — 
w. 1 0/ of Land- The i Prop" accords with the Spirit of the Const!' 

Each State is sovereign, free, and independ! etc. Sover- 
eignty includes Equality — 

If then the States in Union are as States still to continue 
in Union, they must be considered as Equals — 

13 sovereign and independent States can never constitute 
one Nation, and at the same Time be States — they may by 
Treaty make one confederated Body — 

M r Randolph — We ought to be one Nation — etc. The 
States as States must be cut up, and destroyed — This is the 
way to form us into a Nation 2 — It has Equality — it will 
not break in upon the Rights of any Citizen — it will destroy 
State Politicks and Attachm" Will it be acceded to, etc. 

G. Morris — Every Citizen should enjoy a rateable Pro- 
portion of Sovereignty — 

The Mind of Man is fond of Power — 

Enlarge his Prospects, you increase his Desires — Propor- 
An infant Hercules tion of Votes — State-Politicks, State-Attachments, State- 

"n his Cradle — t^w ■ 

Influence, State-Passions — Districts — 

Great Britain and America — Suppose Represent" from 
the latter before the Revolut" according to the Quantum of 
Property or Number of Souls — W! the Consequence — 

3 Article 4 — Com. Defence, Security of Liberty, mutual 
and general Welfare. 

A national Gov! to operate individually upon the People 
in the first Instance, and not upon the States — and therefore 
a Representation from the People at large and not from the 
States — 

Will the Operation of the nat 1 Gov! depend upon the 
Mode of Represent" — No — it depends upon the Quantum 
of Power lodged in the leg. ex. and jud! Departments — it 
will operate individually in the one Case as well as in the 
other — 

Why not operate upon the States — if they are coerced, 
they will in Turn coerce each individual — 

1 Evidently referring to Randolph's first proposition as contradicting 
the second. The first resolution of Randolph is distinctly like the first of 
Paterson's as the Paterson plan appears in Madison's notes, Doc. Hist., III. 
125. Paterson was here contending that Randolph's original first proposi- 
tion was constitutionally sound, i. e. in conformity with the Articles. 

2 Apparently a reference to the idea later embodied in the resolution in 
III. B, above, page 318. See also Paterson's speech of June 9. 

3 Randolph used this expression June 2. See Pierce's notes, Am. 
Hist. Rev., III. 322. 

4 Referring to the third article of the Articles of Confederation. 

322 Documents 

Let the People elect the State-Leg" — The State-Leg" elect 
the federal Leg. r — assign to the State Leg! its Duty — the 
same to the federal — they will be Checks upon each other, 
and the best Checks that can be formed — Cong, the Sun of 
our political System — 

Why a Representation from the People at large — to 
equalize Represent Maj r Butler — Represent'.' — Property — 
People — 

M r Wilson — Majority of the States sufficient. This in 
Opposition to M! King — 

2 Views, i. Under the Confed" — 13"' Article — Rhode- 
Island. 2. As forming an original Combin'.' or Confederacy 
— can bind the contracting Parties only — 

The large States can agree upon a Reform only upon the 
Principle of an equal Represent'.' 1 

1 1 Prop" 2 

If the lesser States form a Junction of Gov! and Territory, 
the G v ? ' ceases to operate as to them — This will prevent a 
Consolid n of Gov* and Territory — 

The People will likewise prevent any new State from be- 
ing taken from the old — Vermont — Kentucky — several in 
Embryo — Republicks — Monarchies — large Frontiers. 

B. Notes for Speech of June p. 

1. The Confederation — its leading Principle. unani- 
mously assented to — 

2. The Nature and Construction of this Assembly. 
Formed under the Confed'.' Res'.' of Congress — The Com" 
measures our Power — it gives the political Complexion of 
each State — to revise the Confed'.' 

Must not go beyond our Powers — People not ripe — 

A little practicable Virtue to be preferred to Theory. 

What expected — Regulation of Commerce, Coll" of the 

Revenue, Negative, etc this will draw after it such a Weight 

of Influence and Power as will answer the Purpose — they 

will call forth the dormant Powers — 

3. The Plan proposed. The 1 Prop" withdrawn — it was 
incompatible with the 2 di Much Dispute about Dist!' between 
federal and National Governments. The Principle was grad- 
ually unfolded — 

1 So the original plainly says. Possibly Paterson meant to write un- 
equal ; or by "equal " he meant just or proportional. 

2 Referring to the eleventh proposition of the Virginia plan : " Res., 
that a Republican Government and the territory of each State, except in 
the instance of a voluntary junction of Government and territory, ought to 
be guaranteed by the United States to each State." 

3 Guaranty. 

4 See above, page 321, note I. 

Pater son on the Federal Convention 323 

w' q v of Land, etc The i Prop" accords with the Spirit of the Confed" Each 

eyapproach each other, State is soverejgn) freCj ^ independent etc. The Idea of 

a Supreme, and the Maxim Imperium in Imperio — 

If then the States in Union are as States still to continue 
in Union, they must be considered as Equals, etc. 

13 sovereign and independant states can never consti- 
tute one Nation ; they may by Treaty make one confederated 
Mf Randolph — we ought to be one Nation — 2 Arti- 
cle' — 5'" Article 1 — 

G. Morris — Every Individual should enjoy a rateable 
Proportion of Sovereignty — 

Districts — 

3 Article 1 — Common Defence, Security of Liberty, mu- 
tual and general Welfare — Proportion of Votes. 

11 Prop" 

If the lesser States form a Junction of Gov! and Terri- 
tory, the G v ceases to operate as to them — This will prevent 
a ConsolP of Gov* and Territory — 

The Prop!' will likewise prevent any new States from 
being taken from the old — Vermont, Kentucky — Several 
in embryo — Republics — Monarchies — ■ large Frontiers — 

The large States can agree to a Reform only upon the 
Principle of an Equality of Represent" 

In what we are all agreed — 

C. Notes for speech of June p. 

" for the sole and express Purpose of revising the Articles 
of Conf '!" and reporting to Congress and the several Leg: such 
Alterations and Provisions therein as shall when agreed to in 
Congress and confirmed by the States render the federal 
Const" adequate to the Exigencies of Government and the 
Preserv" of the Union." 
Connect! as above — 
Jersey, etc 

States. 2 Quota of Tax. Delegates. 

Virginia 512,974 16. 

Massachusetts 448, 854 14. 

Pennsylvania 410,378 12. y±. 42^ 

Maryland 283,034 8.-%\ 

1 Evidently a reference to the second, fifth, and third articles of the 
Articles of Confederation. 

2 This table is printed in Doc. Hist., I. 331, except that the column 
giving quotas is not footed here. It is there dated " Sep r 27 th 17S5," and 
indorsed " hon. D. Brearly Esq." 

324 Documents 

States. Quota of Tax. De'egates. 

Connecticut 264,182 8 - 

New York 256,486 8- 

North Carolina 218,012 61^. 

South Carolina 192,366 6- 

New Jersey 166,716 5- 

New Hampshire 105,416 3 )± . 

Rhode Island 64,636 2- 

Delaware 44,886 i%\ 

Georgia 32,060 1. 


D. A Fragment, possibly connected with Pater so if s Speech 
of June 9. 

Ambition goads him on. The Impulse is progressive — 
enlarge his Prospects, and you enlarge his Desires. As to 
orders — as to Societies. Mithradates — Com. Defence — 

M r Madison — Districts. 

M r King. 


Nature of Gov'? 

So corrected and enlarged. 

Regulation of Commerce, 

the Collection of Revenue. 

Negative in particular Cases. 

To promote the general Welfare, to protect Liberty and 

Cr. Lands. 

E. Notes for Speech of June g. 
1 — Great Britain and America — Represent" from the 
latter before the Revolution according to the Number of 
Souls — W? the Consequence. 1 

2. Representation from the People at large and not from 
the States 2 — 

3. National Governm! to operate individually upon the 
People in the first Instance, and not upon the States 3 — 


1 Apparently referring to the argument used in his speech of June 9 : 
" It was once proposed by Galloway and some others that America should 
be represented in the British Pari, and then be bound by its laws. America 
could not have been entitled to more than '/^ of the N° of Representatives 
which would fall to the share of G. B. Would American rights and 
interests have been safe under an authority thus constituted ? " Madison's 
notes, in Documentary Hhtory, III. g8. 

2 Ibid. 
a Ibid. 

Pater son on the Federal Convention 325 

F. Notes for Speech of June i6. x 

1. Because it accords with our Powers. Suppose an 
Attorney. Who can vote ag! it — If Confed" cannot be 
amended, say so — The Experim! has not been made. 

2. Because it accords with the Sentiments of the People. 

1 . Com. 8 

2. News-papers — Political Barometer. Jersey never 
would have sent Delegates under the first Plan — 

Not to sport Opinions of my own. W* can be done. A 
little practicable Virtue preferrable to Theory. 

1. As States — independant of any Treaty or Confed" — 
Each State is sovereign, free, and independant — Sov- 
ereignty includes Equality. We come here as States and as 
Equals — Why vote by States in Convention — We will not 
give up the Right — 

W. Wilson — A Principle given up in the first Confed" 2 

2. As under the existing Articles of the Confed 1 .' 
5"' Article — unanimously entered into. 

Back Lands — Jersey — Maryland — 3 

A Contract. The Nature of a Contract. Solemnly 
entered into — Why break it — why not the new or present 
one be broke in the same Manner — 


The last Clause in the Confed" — 

Some of the States will not consent — 

Self- Destru ctio n . 

Hitherto argued upon Principle — as States — as subsist- 
Aboiition of the lesser i n g Treaties — The Danger to the lesser States — The Natural 
!l Progress of Power — Combination of Parts — Orders — 

States — Proportion of Votes — State-Politicks and Attach- 
ments — Great Britain and America — 

Obj ns The larger States contribute most, and therefore 
Represent" ought to be in Proportion — 

No — they have more to protect. 
. . , 2. For the Sake of preserving the Liberty of the others — 

A rich State and poor 

tate in same Relation 7. Wealth will have its Influence — 

Obj" — M r . Wilson 4 — first Principles — All Authority de- 

5 a rich Individual and a 
oor one 

1 This document is in possession of Miss Emily K. Paterson. 

2 Wilson, according to Madison's notes, made use of some such ex- 
pression in his speech of June g, Doc. Hist., III. 99. 

3 " It was the small ones that came in reluctantly and slowly. N. 
Jersey and Maryland were the two last, the former objecting to the want 
of power in Congress over trade : both of them to the want of power to 
appropriate the vacant territory to the benefit of the whole." Paterson, 
June 16, as condensed by Madison, Ibid., 131. 

4 Reference is made here and in many of the succeeding arguments to 
Wilson's speech of June 9, Doc. Hist., III. 99. 

326 Documents 

rived from the People — The People entitled to exercise 
Authority in Person. One free Citizen ought to be of equal 
Importance with another — true — One free State of equal 
Importance with another — Both true when properly applied. 
The Beauty of all Knowlege consists in the Application — 

One free Citizen ought to be of equal Importance with 
another — they are Members of the Society, and therefore 
true — England and Switzerland. Pennsylvf and Jersey — 
they have the same Privileges, partake in the same common 
Stock, for Instance, in back and unlocated Lands. The 
Gen'.' soon found out the Diff.' between a Pennsylv: and a 
Jersey-Man when we talked of Consolid" then the PennsyP 

smtiicoun? °-' y a " d a § ave U P V 1 — No ' no — A Nation, when it is necessary to 
go by Majority of Votes, a State, when it is necessary to 
divide the common Stock — 

Equalize the States — No Harm — no Hurt. No author- 
ity for that Purpose — and then it is impracticable — 

Authority — Why talk of the first set of Propositions — 

Impracticable — how does that appear — Make the Ex- 
periment — Propose the Measure to the Consideration of the 
States — 2 

Obj!' — There must be a national Governm' to operate 
individually upon the People in the first Instance, and not 
upon the States — and therefore a Representation from the 
People at Large and not from the States — 

1. Will the Operation and Force of the Gov! depend 
upon the mode of Represent" — No — it will depend upon 
the Quantum of Power lodged in the leg. ex. and jud y Depart- 

1 Perhaps referring to Williamson's speech of June 9, which he made 
in answer to Paterson, Doc. Hist., III. 100. 

2 Paterson's argument in these paragraphs may be this : The gentlemen 
are desirous of making a nation ; but when we propose consolidation by a 
redivision of the states so that the parts may be equal, then it is apparent 
that Pennsylvania would lose a portion, one-third, of its land. They are 
for a nation, when it is a question of voting, but they are for the state when 
a division of the land is proposed, or a division of the common stock. Let 
us try the plan of equalizing the states. No harm will be done. Gentle- 
men argue that they have no authority. If they are hesitating because of 
want of authority, why do they talk of the Randolph plan ? They have no 
authority to propose those measures either. Why is it argued that it is 
impracticable to throw the land into a common stock and divide the states 
anew? How does that appear? Make the experiment. Propose the 
measure to the consideration of the states. 

If Paterson and Brearley had this scheme as much in mind as it would 
appear they had, it is apparent that they were not quite so determined as 
some to adhere to the principle of the Confederation as the only solution. 
There came out distinctly the old small state jealousy and above all the 
interminable land question which had agitated the states almost from the 
beginning of the war. 

Pater son on the Federal Convention 327 

ments — it will operate individually in the one Case as well 
as in the other — 

2. Congress are empowered to act individually or to carry 
the Req' into Exec n in the same Manner as is set forth in the 
first Plan — 

3. If not, it may be modified to answer the Purpose. 

4. If it cannot be done, better than to have some States 
devoured by others — 

Obj n — Congress not sufficient — ■ there must be two 
Branches — - a House of Delegates and a Senate ; why, they 
will be a Check — This not applicable to the supreme Coun- 
cil of the States — The Representatives from the several 
States are Checks upon each other. 

In a single State Party Heat and Spirit may pervade the 
whole, and a single Branch may of a sudden do a very im- 
proper Act — A second Branch gives Time for Reflexion ; the 
Season of Calmness will return, etc. Is this likely to be the 
Case among the Representatives of 13 States — 

What is the Fact — Congress has hitherto conducted with 
great Prudence and Sagacity — the People have been satisfied 
— Give Congress the same Powers, that you intend to give 
the two Branches, and I apprehend they will act with as much 
Propriety and more Energy than the latter. 

The Chance for Wisdom greater — Refinement — Secre- 
tion — 

The Expence will be enormous — 

Congress the Sun of our political World. 

G. Notes, probably for a Speech not delivered. 1 

1 . The Equality of the States — Sovereignty and Equality 
are com ertible Terms. Pennsylv: 1 a distinct political Being — 

2. As under the existing Articles of the Confed" A Con- 
tract solemnly entered into. 

3. The Danger to the lesser States. 

4. The Impracticability of the present System. 

5. Its Expence — 

It must be admitted, that before a Treaty can be binding, 
each State must consent. 

1 This document is in the possession of Miss Emily K, Paterson. 
These notes are in one document, and it has not seemed wise to separate 
them. On the Bancroft copies the first portion, i. e. to the words " Obj u 
M. Wilson — The Minority," is headed " Notes for speech of 16 June "; 
what follows is headed " Notes of Wilson's of 30 June ; Madison's of 19 
June ; King's of 30 June cf. Elliot V." A comparison with the notes 
given below in V. E, page 336, belonging to June 30, seems to show 
that the remarks of Madison, as well as those of Wilson and King as here 
given were made on June 30. 

3 2 8 Documents 

Obj". s — 

The larger States contribute most — -and therefore Rep- 
resent" ought to be in Proport." 

i. Ans r They have more to protect. A rich State and 
a poor State in same Relation as a rich Individual and a poor 

2. For the Sake of preserving the Liberty of the others — 
Compromise — Their System. 

3. AVealth will have its Influence. 

Obj" Mf Wilson — The Minority will vote away the Prop- 
erty of the Majority. 

Ans r This secured by the first Branch — l 
The Majority will vote away the Liberties of the Minority 2 
— W! is Wealth when put in Competition with Freedom — ■ 
Mad" coercion never Thfi lesser gtates ^ m dest the larger — Lamb and 

can be used ag. a large J ° 

State- Lyon — 

Obj" My Maddison — The Confed" inadequate to its Pur- 
poses. Repeated Isolations in every State — Each Violation 
renders the Confed" a Nullity — "' 

1 No. The same Power to rescind as to make. It would 
be in the Power of one Party always to abrogate a Compact. 

Obj n M' Maddison — The Confed" obtained by the Neces- 
sity of the Times. 

Is the Plea of Compulsion set up. Look at the Confed" 
unanimously assented to — M r Wilson given up — Not com- 
plained of — We come here under that Confed" 

Obj" Mf King — Equality is the A r ice of the present Sys- 
tem. How does it appear — 

Object" — M r King 4 — The great Charter of England — 
Certain constitutional Principles to be observed — Power in 
the Mag y to prevent a Violation of fundamental Principles — 

Union of England and Scotland. 

1. A Union or Consolidation — this a Confederacy. 

2. It was to be sure agreed to — Bribery made use of — 

3. A King. 

4. The Vicinity of France — 
The last Time of Meeting — 

H. Notes apparently for Speech of July p. 

Number of Inhabitants. 

New Hampshire in 1774 too. 000. 

Massachusetts in 1774 400,000. 

1 This would seem to make it plain that this note was made after 
June 29. 

2 This probably from Ellsworth. 

3 A reference to V. E, below and to Doc. Hist., III. 253, will show 
that this is a part of Madison's speech of June 30. 
Woe. lint., III. 262. 

Pater son on the Federal Convention 329 

Rhode-Island by a Return to the Legislature in Feb 1 17S3. 
48.538 Whites. } 
3-331 Blacks. ) 5i-86 9 . 

Connecticut in 1774 

Whites 192.000. | 

Blacks (nearly) J 

in 1782 nearly 220.0.0. 

New York in 1756. 96.775. 
in 1 7 7 1 . 168.000. 
in 1786. Whites 219.996. | 

Blacks !8.88 9 / 23S.885. 

New Jersey in 1783. 139. goo. 

about 10,000 Blacks included — 
Pennsylvania — 
Delaware — 

Maryland in 1 7 74 estimated at. 350.000. 

Blacks 3/7 150.000. 

Virginia in 1774 650.000. 

Blacks as 10 to 11 300.000. 

In the lower States the acc'. s are not to be depended on — 

The Proportion of Blacks. 

In Connecticut as 1. to 33. 

The same Ratio will answer for Massachusetts — 

In Rhode-Island as 1 to 15^2- 

In New York as 1 to 12 nearly. 

In New Jersey as 1 to 13 nearly. 


Mass| s - 


Maryland . 
Connecticut _ 
New York__ 
N. Carolina. 
S. Carolina_ 
N. Jersey 

New Hamsphire 
Rh. Islands 







65 l 

1 The first column shows the representation according to Morris's re- 
port of July 9 ; the second that provided for by King's report from com- 
mittee, July 10. 

AM. HIST. REV., VOL. IX. — 22. 



M r Brearley. 

M r Wils 

M r W m son 

M r Maddison 

Dickinson - 
W m son. 

King — 


4 East 1 ! States 

5 Middle States 
4 South" States 

v. Notes on Debates. 

2 5- 
2 3- 


A. Notes on Debate of June g. x 

unfair ; because of the Combination of the Parts. 

Districts — 

Equalize the States- 
All Authority is derived from the People — the People en- 
titled to exercise Authority in Person — Italy — Roman Cit- 
izens — 

2 Things necessary — 1. That the Representatives express 
the Sentiments of the represented. 2. That the Sentiments 
thus expressed should have the same Operation as if expressed 
by the People themselves — 

Numbers the best Estimate of Property. One free Citi- 
zen ought to be of equal Importance with another. 

One Mass — 13 — it will be given away 1/3 of the Terri- 
tory — 

No Authority — it is besides impracticable. 

He wishes the Distinction of States might be destroyed. 

A Principle given up in the first Confed" 

It does not appear to him, that the lesser States will be 
swallowed up. 

A small County, and a large County ; according to 
Numbers — 

B. Notes on Debate of June n. 

Resolved, That the Rights of Suffrage in the first Branch 
of the national Leg r ought not to be according to the Article 
of Confed", but according to some equitable Ratio of Repre- 
sentation — 

Not by the Number of free Inhabitants, but according to 
the Quotas of Contribution — 

The Terms, "Quotas of Contribution," very indefinite 
— it ought to be according to the actual Contribution — 

Supposes, that there will not be any Assignment or 
Quotas to States ; the Governm! to operate individually, and 
not on States — 

The Power to be in Proportion to actual Contribution — 

Suppose an Impost — Connecticut and Jersey do not 
import — they will have no Representatives — 

This to be left to the State Leg 1 ? — Sum to be pro-| 
portioned — 

1 See Documentary History, III. 94 ft". 

Paterson on tJie Federal Convention 


Either Rule good — by Numbers best to ascertain the 
Right of Represent" this agreeably to the Sentiments of 1 1 
States — Impost alone will not be sufficient to answer the 
national Exigencies — Revenues arising from Postage — The 
present Quota not a lasting Rule — People 10 be numbered at 
fixed Periods — A Rule arising from Property and Numbers — 

Rule of Taxation not the Rule of Representation — 4 
might then have more Voices than ten — Slaves not to be put 
upon the Footing of freemen — Freemen of Mass'. s not to be 
put upon a Footing with the Slaves of other States — Horses 
and Cattle ought to have the Right of Represent'.' Negroes — 
Mules — 

The Taxes must be drawn by the nat! Governmt. immedi- 
ately from the People ; otherwise will never be collected — 

Leave the particular Rule for the present. A common 
Standard ought to be provided — 

C. Notes on Debate of June 16. 

Contrasts the Principles of the two Systems — 

The national Plan proposes to draw Represent" from the 

The federal Plan proposes to draw Represent" from the 

The first will absorb the State-Governm" 

1. The Powers of the Convention. 

2. The Probability as to the Adoption of either System — 
Publick Acts — particularly the Act respecting the 


Reasoning upon Systems unsupported by Experience 
generally erroneous — 

connect them 
her as States. 

The Plans do not agree in the following Instances. 

1. The Gov' consists of 2 Branches. 

2. The original Authority of the People at Large is 
brought forward. 

3. Representation to be according to the Number and 
Importance of the Citizens. 

4. A single Executive. 

5. A Majority of the LTnited States are to control. 

6. The national Leg. can operate in all Cases in which 
the State Leg. cannot. 

7. The national Leg. will have a Right to negative all 
State-Acts contravening Treaties, etc. 

8. Ex. Mag. removable on Conviction. 

' We have here a new summary of Wilson's long and able speech of 
this date. 

332 Documents 

9. The Ex. to have a qualified Negative over Acts of the 
Leg' — 

10. Provision is made for superior Tribunals — 

11. The Jurisd" of the national Leg r is to extend to all 
Cases of a national Nature. 

12. National Peace, all Questions comprehending it, will 
be the Object of the national Judiciary — 

13. Delegates to come from the People. 

The relative Merit of the two Plans. 

1. Upon Principles 

2. Upon Experience. 

3. The joint Result of both. 

He can conclude finally Nothing ; and to propose every 
Thing — he may propose any Plan — 

Sentiments of the People ; those with whom we converse 
we naturally conclude to be the Sentiments of the People. 

States Sovereignments and State Governm" not so much 
an Idol as is apprehended — a national Government to pro- 
tect Property and promote Happiness, the Wish of the People. 

Will a Citizen of New Jersey think himself honoured 
when addressed as a Citz" of that State, and degraded when 
addressed as a Citizen of the U. S. 

The People expect Relief from the national Councils ; it 
can be had only from a national Governm! — 
Equalization— A new Proposal thrown out for the Sentiments of the 


Ad 1 Powers ought not to be given to Congress. Obj ns to 
that Body. 

1. Congress as a legislative Body does not stand upon the 
Authority of the People. 

2. Congress consists of but one Branch. 

An equal Represent" in Proportion to Numbers. 
Answ. r citizens of the The Foundation, the Progress, and Principles of Repre- 

sentation — Look at England — Holland — the Vote of every 
Province necessary. L'. 1 Chesterfield — 

Impost opposed and defeated not by one of the large 
States — 

The Consent of Rhode-Island will be necessary on the 
Jersey- Plan — 

A single Leg' 

Despotism presents itself in several various Shapes — mili- 
tary Despot — ex. Despot — Is there no such Thing as a leg. 
Despot — The Leg. Authority ought to be restrained — 

The Restraints upon the Leg' must be such as will 
operate within itself — No Check in a single Branch — 

Pater son on the Federal Convention t>3?> 

Should have distinct and independant Branches — reciprocal 

A single Executive — Triumvirate of Rome — 2 Triumvi- 
rate — Augustus rose superior — Sparta — Rome — 

If Jersey can have an equal Represent" she will come into 
the Plan from Virginia — 

Views — to amend the Confed" if not amendable, then to 
propose a new Governm 1 — 

Solely recommendatory — Powers sufficient. Division of 
Territory ; not seriously proposed 2 — The due Settlem' of the 
Importance of the States necessary — this done at present 
with Respect to Contribution. 


1 Congress unfortunately fixed on equal Represent" — they 
had not the Means of determining the Quota — ■ If each State 
must have a Vote, each State must contribute equally — 

1. Whether the Articles of the Confed" can be so re- 
formed as to answer the Purposes of a national Governm' — 

No Usurpation of Power in this Convention. The Spirit 
of the People in Favour of the Plan from Virginia — 

Powers pursued ; if Powers wanting, we should do what 
is right. 

Our Debts remain unpaid while the federal Gov' remains 
as it is — 

The 13'!' Article — provides for the alteration of the 
Articles, then of course for the Alteration of the 5"' Article. 

Powers in a deliberate Assembly — ridiculous — We are 
only to compare Sentiments — Disdain Danger, and do what 
is necessary to our political Salvation — We must avail our- 
selves of the present Moment. 

His Constituents will applaud, when he has done every 
Thing in his Power to relieve America — 

No Provision ag! foreign Powers or Invasions, no Mony 
nor Men — Militia not sufficient — 

No Provision ag' internal Insurrections, nor for the 
Maintenance of Treaties — 

Coercion two Ways — 1. as to Trade — 2. as to an 
Army — 

•This is considerably longer than the condensation of Pinckney's 
speech given by Madison. It has here also considerably more force and 
meaning. Cf. Doc. Hist., III. 136. 

2 Once more a reference to Paterson's and Brearley's plan for consoli- 

3 An outline of Randolph's able speech of June 16. This throws light 
on some of Randolph's argument as condensed by Madison. 

334 Documents 

Legislation affecting Individuals the only Remedy. This 
Power too great to lodge in one Body — 

Congress possess both Legislation and Execution — 

The Variety of Interests 1 in the several States require a 
national Legislation ; or else there may be a Combination of 
States — 

The Mode of electing Congress an Obj" — the Delegates 
will be under the Influence of its particular States. 

Cabal and Intrigue of which such a Body as Congress 
may be capable. They are too numerous for an Executive. 

No Provision under the Confed" for supporting the Har- 
mony of the States — their commercial Interests different 

No provision for Congress to settle Disputes — 

No Provision made or Power in Congress for the Suppres- 
sion of Rebellion — no Troops can be raised — Congress 
ought not to have the Power of raising Troops. 

A Navigation Act may be necessary — Give Power to 
whom — not to Congress — capable of Intrigue and Cabal ; 
Inadequacy of Representation ; Want of Confidence in Con- 
gress — 
Divide leg. and ex. Congress fallen considerably in their Reputation. 

Branches and then Doors ° J 

may be open— Doors not open in Congress. 

This the last Moment ever will be offered 2 — 

D. Notes on Debates of June 2J, 28, and 2<?. z 

June 27.1 787. 4 

Have those who upon the present plan hold ^ part of the 
Votes, a 13"' part of the weight, — certainly not — upon this 
plan they sink to nothing 

The Individual right of Citizens is given up in the State 
Gov 4 . 8 they cannot exercize it again in the Gen! Government. 5 

It has never been complained of in Congress — the com- 
plaint there is the want of proper powers. 6 

1 That this argument is important in Paterson's mind is indicated by a 
hand on the margin of his notes pointing to this. 

2 " A Nat! Gov! alone, properly constituted, will answer the purpose ; 
and he begged it to be considered that the present is the last moment for 
establishing one. After this select experiment, the people will yield to 
despair." Due. Hist., III. 138. 

3 In the handwriting of David Brearley. 

4 According to Madison's notes, Martin alone spoke on this day, his 
speech lasting three hours. Doc. Hist., III. 224. 

5 This is undoubtedly the argument of Martin based on his notion that 
the state governments rested on compact. 

6 Here Mr. Brearley has indicated by a hand the importance of the 

Patcrson on the Federal Convents 


June 28"' 

M r Martin resumed his argument. 

The Gen! Gov! is not to regulate the rights of Indi- 
viduals, but that of States. The Gen! Gov! is to Govern Sover- 
eignties, then where the propriety of the several Branches 
— they cannot exist — there can be no such checks. 

Amphictyonick Council of Greece represented by two 
from each town — who were notwiths? the disp n of the Towns 
equal — Rollins Ancient Hist. 4 Vol. pa. 79. 

All the Ancient and Modern Confed".* and Leagues were 
as equals notwithstanding the vast disproportions in size and 

If the large States, who have got a Majority, will adhere 
to their plan, we cannot help it, but we will publish to the 
world our plan and our principles, and leave it to judge. 

Have we seen the Great Powers of Europe combining to 
oppress the small — 1 

Yes — the division of Poland. 

They talk in vague Terms of the great States combining 
etc 2 

Wants to know how it is possible that the large States can 
oppress the small 3 

The rule to tax the States according to their numbers 
would be cruel and unjust — it would Create a war. 

If you form the present Government, the States will be 
satisfied — and they will divide and sub-divide so as to be- 
come nearly equal — 

June 29"' 

If the States are represented as States — they must be rep- 
resented as Individuals. 

New-Jersey ought not to oppose the plan, as she at pres- 
ent pays the Taxes of Penn. and N. York, from which she 
would be relieved. 

Will have the States considered as so many great Corpor- 
ations, and not otherwise. 

That States have equal rights to vote, is not true It is 
estab'.' by the Law of Nations that they have equal votes — 
but does it follow that they can not contract upon a different 
footing — 

That the Gen' Governm! will act, not only, upon the 
States, but upon Individuals. 

As long as the State influence is kept up there will be 
danger — but the influence will not be as great as is appre- 
hen led. 

1 A hand on the margin. 

2 In Madison's notes this speech precedes that of Madison. Doc, His/., 
III. 227. 

3 A hand on the margin. 


6 Documents 

It is a contest for power in the weaker States. 1 

The small States have 
had a lesson of State Hon- 

est >' Gentlemen of Congress when they vote always connect 

with them the State views and politicks — and therefore — 
MF Gerry. That upon Tryal it has been found that the Articles of 

Conf." are not adequate — 

That the small States have abused their power, and in- 
stanced Rho. Island. 


E. Notes on Debate of June jo. 2 
Did not expect this Question at this Stage of the Business. 
Member of Connecticut said, not more than one State to 
Eastward would accede. 
Sense of Duty. 

This as to Contrib" 2 2 OUt of QO — not M 

Artificial Systems of States — 

Easy to correct it. The y oice Qf thg M j nority wi p VQte away the p roperty 

of the Majority — 

A Solecism. 

7 States can control the 6. 

States imaginary Beings abstracted from Men — 

No other Foundation will be solid — 

The 3 large States combined. W He wants the Prin- 
ciples of the Comb!' — they will be Rivals. 

Their Interests are different. 

24 out of 90 carry more of an Aristocracy. 
Why wish for an Union 2 Kinds of bad Gov! — i. That Gov' which does not do 

of the lesser States — , . . . . . , . _ 

enough — and 2. that which does too much — Be as we were 
before we met. 
Yes —but then the 2 The System of Virginia and the System of Jersey agree 

Systems oppose each 

other. as to the rowers — 

Gov! by the States necessary. There can be no Difficulty 
as to this Point. 
m! Eisworth Obj" A Minority will govern a Majority. You put it in 

the Power of a few to prevent the Oppression of the many. 

Political Societies are to govern — 

In the Br. Const!' the few has a Check upon the many; 
and one upon both — 

The House must be demolished — but it only wants a 
Shingle — :i 

If Congress had voted by a Majority, all Evils would have 
been cured — 

Rhode-Island — The Power not in Congress. 

Are not the large States safe now — 

1 A hand on the margin. 

2 This document is in the possession of Miss Emily K. Paterson. 

3 " We are razing the foundations of the building. When we need only 
repair the roof. " Doc. Hist., III. 252. 

Paterson on the Federal Convention 


Suppose the large States should agree that 4 free Ports 
should be established. 

Suppose lucrative Offices — 


No Unity of Interests — 

The Confed" inadequate to its Purposes. 

Resol" of Con! refusing to comply with a federal Req n 

Reported Violations in every State. 

The Rule of Conf'!" obtained by the Necessity of the 
Times — 

The large States will not be secure by the lower Branch. 

2? Branch may possess a Negative over the Laws of the 

Con' has furnished more th n her Quota as to Men — 

M r Wilson asks, why the Interests of the lesser States 
cannot be as safe in the Hands of the larger States as in their 
own — 

The Resol n as reported by the Com" is impracticable — 
is too large — 

The 2? Branch being executive must sit constantly. 

Not necessary to sit constantly — 

Each State should have one Senator — 1 Member in the 
second for every 100,000 People ; and 1 for the smallest State. 

This a Compromise on the Part of the large States. 

He will not insist upon small Matters — if the great Prin- 
ciples can be established — 

Gov! placed upon a false Basis. 

The lesser States afraid of their Liberties ; the larger 
States afraid of their Money. 

Treaty between France and the U. S. the latter had no 
Disposition over the Treasury of the former. 

Equality is the Vice of the present System. 

:dford — 

The Am! 1 is Congress in a new Form; servile to the 

No Dispos n in C! 2 Rep. or Corporations to swallow up 
the Rest. 

Purity of Principle — 

1 Amendment probably ; if so, it may refer to Wilson's proposition to 
have one senator in each state "for every 100.000 souls, and let the States 
not having that n° of inhabitants be allowed one." Doc. Hisf., III. 256. 
Such would seem to be the connection judging by Madison's notes ; but on 
the other hand it is much more reasonable to suppose that Madison in this 
speech is referring either to Ellsworth's motion "that the rule of suffrage 
in the 2 a branch be the same with that established by the articles of con- 
federation" (Dec. Hist., III. 245), or to Franklin's proposals [Ibid., 257). 

2 Or C y , meaning county. 



M r King. 

This a 


The King 

France — 

Magna Charta of England. Certain const 1 Principles to 
be observed. 

Union of England and Scotland. 

Power in the Mag- V to prevent a Violation of fundamental 

Gov! a progressive Force. 


i . Morns 


Sherman — 

Wilson — 


( ,' i i ■ 

G. Morris — 

F. Notes on Debate of July j. 1 

The Interest of the smaller States to come into the 
Measure — Delaware — foreign Power — New-Jersey. Single 
and unconnected. 

The People will not agree to it. 

Suppose the larger States agree — the smaller States must 
come in. 

Jersey would follow the Opinions of New York and 

The Sword must decide — 

The strongest Party will make the weaker Traitors and 
hang them — foreign Power. 

Should be open to Conviction — 

— The larger States must prevail — they must decide; 
they are most powerful. 

Not Members of a Synod, or Conventicle — 

G. Notes on Debates of July 7 and p. 

About 2,000 Men in the smaller States, who compose the 
Executives, Legislatives, and Judiciaries ; all interested in 
opposing the present Plan, because it tends to annihilate the 
State- Governments. 

If a Majority of the lesser states be ag! the Laws of the 
national Governm! ; those Laws cannot be executed — There 
must then be a Branch immediately from the States. 

An Agreem! elsewhere cannot be expected unless the 
Representation be fair — 

1. The Upper Branch may put a Veto upon the Acts of 
the lower Branch. 

2. May extort a Concurrence. The smaller States near 
the Centre ; they may compose a Majority of the Quorum. 

The larger States will have more Influence ; they have in 
Congress ; this from the Nature of Things. 

Great Care will be taken to lessen the Powers of the 
2'! Branch — 

Corporations to be protected. 

1 The subject under discussion was the report of the Committee pro- 
viding for equal representation in the second branch and the initiation of 
revenue and appropriation by the first branch. 

Pater son on the Federal Convention 339 

Separate colonial Existances — 

Corporations — The small States — go on and fight out 
the Rev" or give us an equal Vote. 

' The small States say, that they will have greater Rights 
as Citizens — 

Must have such a Gov' as will give Safety — 

State-Policy not a proper Object for a vigorous Governm! 

In Proportion to the Vigour and Strength of the State 
Governm'." will be the Febleness of the general Governm! — 

We must have it in View eventually to lessen and destroy 
the State Limits and Authorities — 

The Germanick Const" — The Emperor has never been 
able to collect them — the separate Parts were too inde- 
pendant — 

Monday 9" 1 July, 87. 

Report of Com eel 

Necessary, that the Atlantic States should take Care of 
themselves ; the Western States will soon be very numerous. 

H. Notes on Debate of July 2 J. 2 
1. The Constitutionality of the Measure. 


1. The People the Source of Power. Union — 

2. The Leg r of To-Morrow may repeal the Act of the 
Leg r of To-Day. So as to Convention — 

3. Some of the Const'." not well or authoritatively founded 
— Acquiesence. 


2 Branches in some of the States — 

Judges, etc excluded — 

The very Men that will oppose — Rh. Island — 

1 This was the report of the committee stating the representation of 
each state in the first Congress. 

2 The heading on the Lenox Library copy is " Notes of Paterson pos- 
sibly of Madison's speech of 19 June." The notes seem however to cover 
the debates of July 23, the day on which Paterson seconded Ellsworth's 
motion that the Constitution be referred to the legislatures for ratification. 
Down to the first blank line, i. e. through the word "Acquiesence," the 
notes refer to the speech of Mason. Down to the next blank line, i. e. from 
"Expediency" through " Rh. Island," the notes refer to the speech of 
Gorham. The next line, beginning with "The Debt" and ending with 
"Idea," refers to Ellsworth's remarks. From the words "The Legr," 
through the words "13 States," reference seems to be to the remarks of 
G. Morris. Possibly " Congress over again" refers to something said by 
King but perhaps by Morris. The last sentence is doubtless an assertion 
of Madison's. 

i40 Documents 

The Debt will go with the Gov! — this a prevailing Idea — 

The Leg' has no Right to alter the Const" or the Con- 
fed" — 

Not acting under the Confed" Nothing but a Compact 
resting upon the 13 States. 

Congress over again. 

A Violation of the Compact by one of the Parties, leaves 
the rest at Large, and exonerated from the Agreem! 


Encyclopedia Biblica. Volume IV. Edited by Rev. T. K. Cheyne 
and H. Sutherland Black. (London : Adam and Charles 
Black; New Yor